§ 523(a)(2)(A)

Helin v. Scott (In re Scott)

Plaintiff judgment creditor sued defendant debtor on a claim that a $65,547 default judgment obtained against debtors, a husband and wife, in a state court was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was discharged where debtor's alleged misrepresentations were not proximate cause of creditor's loss.
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Consumer case opionion summary, case decided on April 06,2009, LexisNexis #0609-010

Nebraska Dept of HHS Fin. & Support v. Palermo (In re Palermo)

The Nebraska Department of Health and Human Services Finance and Support (the State), filed this adversary proceeding alleging that, as a result of filing false claims, debtor received overpayments which she had neither the intention nor ability to repay. It contended the debt resulting from the overpayments was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). Pending was the State's summary judgment motion.
Ruling: 
Court ordered restitution for Medicare fraud was nondischargeable.
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Consumer case opionion summary, case decided on March 20,2009, LexisNexis #0509-117

Dynaspan v. Evilsizer (In re Evilsizer)

Creditor filed an adversary proceeding against debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), (4) or (6). The creditor moved for partial summary judgment contending that the factual findings of a state court precluded relitigation of those facts in the instant case.
Ruling: 
State court's factual findings of fraudulent misrepresentation were sufficient to support nondischargeability.
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Consumer case opionion summary, case decided on March 18,2009, LexisNexis #0609-082

Guinn v. Anderson (In re Anderson)

This case was a dischargeability adversary proceeding under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6), seeking to except from discharge an unpaid judgment in favor of creditor against the debtor.
Ruling: 
Judgment was nondischargeable to the extent relating to embezzlement.
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Consumer case opionion summary, case decided on March 18,2009, LexisNexis #0709-120

Goldberg v. Ojeda

In an adversary proceeding in debtors' chapter 7 case, appellant creditor challenged the bankruptcy court's finding that the creditor's debt was not excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). There was no proof that forbearance of a loan secured by a note after the debtors sold their restaurants resulted in a loss to the creditor. Profits from the sale could not be used to pay creditor, who was not a creditor of the restaurants.
Ruling: 
Bankruptcy court should have held debt nondischargeable due to debtor's seeking forbearance under false pretenses to detriment of creditor.
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Consumer case opionion summary, case decided on March 17,2009, LexisNexis #0409-049

In re Wardrobe

Appellant creditor appealed the judgment of the Ninth Circuit, Bankruptcy Appellate Panel that reversed a bankruptcy court's decision that a state court judgment was entitled to preclusive effect and that the creditor stated a cause of action under 11 U.S.C.S. § 523(a)(2)(A) against appellee debtor.
Ruling: 
When stay was lifted solely to allow state court consideration of claims against debtor's bonding companies, resulting judgment did not have preclusive effect.
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Consumer case opionion summary, case decided on March 16,2009, LexisNexis #0409-100

American Express Centurion Bank v. Welch (In re Welch)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor owed the bank $ 94,102.31, that the entire debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), and that $ 8,756.58 of the debt was nondischargeable under 11 U.S.C.S. § 523(a)(14). The bank also asked for attorney's fees and costs. The bank filed a motion for summary judgment.
Ruling: 
Debt held nondischargeable based on debtor's deemed admission.
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Consumer case opionion summary, case decided on March 03,2009, LexisNexis #0509-082

Ulliman v. Marino (In re Marino)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, asserting that a settlement agreement reached on her state law claims against the debtor was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A). The court held a hearing.
Ruling: 
Settlement of state law fraud claims was nondischargeable.
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Consumer case opionion summary, case decided on January 28,2009, LexisNexis #0309-010

Frances E. Bain Estate v. Hammen (In re Hammen)

Plaintiff, the estate of a deceased property owner, filed a complaint against defendant chapter 7 debtors, alleging that the debtors encroached on the owner's land when they constructed a pond on their adjacent property. It sought damages and an exception from discharge due to fraud or willful injury under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
Ruling: 
Claim for trespass was not excepted from discharge absent evidence of willful or malicious conduct.
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Consumer case opionion summary, case decided on January 23,2009, LexisNexis #0309-011

Shapiro v. Clark

This matter came before the court for decision on creditors' complaint to determine dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6), against debtor.
Ruling: 
Default judgment that satisfied elements of fraud was nondischargeable.
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Consumer case opionion summary, case decided on January 16,2009, LexisNexis #0509-048

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