Simmons Capital Advisors Ltd. v. Bachinski (In re Bachinski)
Jul
31
2008
Ruling
Settlement agreement and consent judgement in state fraud case did not preclude debtor from contesting dischargeability.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that amounts the debtors owed the creditor under a settlement agreement should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6). The parties filed cross-motions for summary judgment.
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Court
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