§ 523(a)(2)

Krist v. Curtis (In re Curtis)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B).
Ruling: 
Debt was deemed dischargeable despite debtor's false representations since creditor was not justified in relying on these representations.
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Chase Bank USA N.A. v. Haley (In re Haley)

Plaintiff credit card issuer sought a determination of nondischargeability under 11 U.S.C. § 523(a)(2) of its debt in the amount of $8,445. It alleged that this amount was the sum of the cash advances and/or convenience check charges incurred within the 60 days preceding the filing of the petition. It also alleged that debtor obtained the credit by false pretenses, false representations and/or actual fraud. Debtor moved for summary judgment.
Ruling: 
Court denied debtor summary judgment concerning debt dischargeability since there was insufficient evidence regarding state of mind when credit card charges were made.
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Regions Bank v Faulk (In re Faulk)

Plaintiff creditor filed a complaint under 11 U.S.C. § 523(a)(2) to determine the dischargeability of its claim for two construction loans made in its connection with defendant debtor's part-time business as a residential contractor. The creditor contended that the debtor obtained the loans by actual fraud.
Ruling: 
Debt was deemed dischargeable since creditor had not proven fraud.
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Catalyst Partners Inc. v. Layton

Defendant debtor filed a motion pursuant to Fed. R. Bankr. P. 7012(b) to dismiss and for judgment, and a motion for more definite statement, in connection with plaintiff former employer's adversary proceeding whereby it sought to have any amounts the debtor owed to the employer as a result of the debtor's breach of a noncompetition agreement declared nondischargeable under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Violation of non-competition agreement did not create nondischargeable debt.
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Law Offices of Donna Buttler v. Bonebo (In re Bonebo)

Plaintiff attorney filed a complaint against defendant, a chapter 7 debtor, seeking to have her claim held nondischargeable under 11 U.S.C. § 523(a)(2)(A) as a debt for services and/or an extension of credit obtained by fraud. Debtor asserted a counterclaim for attorney's fees, pursuant to section 523(d). The matter was pending decision following a hearing.
Ruling: 
Claim for attorneys'fees incurred in marriage dissolution action was dischargeable absent evidence of fraudulent intent.
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Benderson v. Clayton (In re Clayton)

Plaintiff landlord sued defendant chapter 7 debtor, alleging that the amounts the debtor owed for damage to rental property were excepted from discharge pursuant to 11 U.S.C. § 523(a)(2) because the debtor had entered into a rental agreement with the intent to defraud and induce plaintiff to rent her the property. The court took evidence.
Ruling: 
Amounts owed for damage to rental property were excepted from discharge since landlord showed debtor had entered into rental agreement with intent to defraud and induce landlord to rent to debtor.
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McArdle v. Alvarez (In re Alvarez)

Plaintiff creditors moved for summary judgment against defendant debtor in their action alleging they were entitled to summary judgment on the issue of dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6).
Ruling: 
Debt was deemed nondischargeable since fraud and personal liability were already found in state court action.
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Johnson v. Curtis (In re Curtis)

Adversary plaintiffs who each made personal short term loans to debtor with the promise of quick and dramatic profits, sought a determination of the nondischargeability of their respective debt, pursuant to 11 U.S.C. § 523(a)(2)(A). Debtor had been the victim of a long-running scheme whereby he repeatedly paid fees to European swindlers for the promise of a large commission.
Ruling: 
Debts owed to lenders were dischargeable despite debtor's omission of pertinent information since lenders failed to show they justifiably relied on the misrepresentations.
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Sunflower Bank N.A. v. Otte (In re Otte)

Adversary plaintiff bank sought to have individual debtor's guaranty obligation be held nondischargeable under 11 U.S.C. § 523(a)(2)(B) for defaulting borrower corporation's loans. The bank claimed that the debtor had fraudulently reported the borrower's inventory. The court previously ruled the debt was not one for fraud or defalcation while acting in a fiduciary capacity that would be excepted from discharge under 11 U.S.C. § 523(a)(4).
Ruling: 
Obligation to bank was not excepted from discharge since bank failed to show an intent to defraud by debtor.
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Tip Top Tree Experts LLC v. Corley (In re Corley)

Plaintiff creditor sued defendant debtors, seeking to have a debt for tree removal services deemed nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and to have the debtors'discharge denied pursuant to 11 U.S.C. § 727(a)(4) and (a)(2)(A). The court held an evidentiary hearing. Plaintiff filed a motion to amend the complaint to conform to the evidence, seeking to include 11 U.S.C. § 523(a)(4) and (a)(6) nondischargeability counts.
Ruling: 
Debt was deemed dischargeable since debtors had not knowingly and fraudulently made a false oath or made false representations to deceive.
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