- 11 U.S.C.
Hickory Point Bank & Trust v. Kucera (in re Kucera)
Aug
22
2007
Ruling
Debt owed based on deposit of and draws against counterfeit check received by debtor in email lottery scam was dischargeable absent intent to defraud.
Procedural posture
Plaintiff bank filed an action against defendant debtor alleging that an obligation that the debtor owed to the bank was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The obligation arose after the debtor deposited a counterfeit check into an account that the debtor had with the bank, and later the debtor defaulted on a promissory note that the debtor gave to the bank to cover the overdraft.
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Court
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