- 11 U.S.C.
Padgett v. Hadley (In re Hadley)
Aug
19
2011
Ruling
Debt personally guaranteed by debtor was nondischargeable due to fiduciary defalcation.
Procedural posture
Plaintiff a co-guarantor on a debt with the debtor, filed an adversary complaint seeking a determination of nondischargeability as to the debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) and 523(a)(4). Although the co-guarantor waived the right of assignment under his guaranty, he was assigned the claim of the lender after paying the amount of the guaranty under a settlement agreement.
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Court
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