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Walters Construction Inc. v. Cook (In re Cook)

Walters Construction Inc. v. Cook (In re Cook)

Ruling
Creditor was not entitled to summary judgment that debt was excepted from discharge for fraud absent showing of scienter.
Procedural posture

Plaintiff contractor sued defendant chapter 7 debtor, seeking to exempt a $17,000 debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) or (B) on the grounds that the debtor falsely certified a subcontractor's payroll records. The creditor moved for summary judgment.

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opinion summary, case decided on August 08, 2006 , LexisNexis #0906-004