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§ 523(a)(2)

Whitten, In re--Clay v. Whitten

Ruling
State court judgment was nondischargeable on grounds of fraud due to operation of collateral estoppel and the Rooker-Feldman doctrine. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Court :
Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-060

Howell, In re--Law Office of Andrew S. Bisom v. Howell

Ruling
Debt was nondischargeable based on state court judgment that litigated identical issues of fraud. (Bankr. C.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Court :
Consumer opinion summary, case decided on June 29, 2020 , LexisNexis #0820-036

Stephenson, In re--Agrifund, LLC v. Stephenson

Ruling
Debt was dischargeable absent evidence of fraud or conversion. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Court :
Consumer opinion summary, case decided on June 19, 2020 , LexisNexis #0720-084

Williams, In re

Ruling
Agreement for nondischargeability of debt was enforceable despite failure to submit a proposed order and judgment prior to discharge due to onset of COVID-19 epidemic. (Bankr. M.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Court :
Consumer opinion summary, case decided on June 15, 2020 , LexisNexis #0720-083

Woods, In re--Slack v. Woods

Ruling
Debt was nondischargeable where creditor's reliance on the representations or upon debtor'ssilence was justifiable. (Bankr. N.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on May 21, 2020 , LexisNexis #0720-015

Walker, In re--Muldoon v. Walker

Ruling
Debt could not be excepted from discharge as there was no evidence as to whatrepresentations the debtor had made to the creditor and what her intent was in making thoserepresentations. (Bankr. D. Neb.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on May 18, 2020 , LexisNexis #0720-014

Perez, In re

Ruling
Creditor's motion for default judgment was granted where debtor defrauded creditor byaccepting the funds without the intent to ever repay the same. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on April 28, 2020 , LexisNexis #0620-061

Cosman, In re--Busey Bank v. Cosman

Ruling
Bank denied summary judgment on its claim of non-dischargeability as it failed to establish adebt obtained by any misrepresentation other than a statement concerning the debtor'sfinancial condition. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on April 22, 2020 , LexisNexis #0620-060

Nikirk, In re--Kapitus Servicing, Inc. v. Nikirk

Ruling
Debt was nondischargeable as debtor acted fraudulently to induce plaintiff to remain at thepain management and chiropractic clinic with no intent to follow through with thatagreement. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on April 03, 2020 , LexisNexis #0520-086

Merchant, In re--Kohn v. Merchant

Ruling
Chapter 7 debtor's obligation pursuant to a $1 million promissory note to creditors wasexcepted from his discharge as debtor obtained the loan using a written statement thatcontained false representations. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-084