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Willms v. Sanderson

Ruling
Finding of dischargeability reversed due to improper consideration of late evidence from debtor.
Procedural posture

Creditors filed a complaint in the United States Bankruptcy Court for the District of Oregon seeking pursuant to 11 U.S.C.S. § 523(a)(2)(A) to prevent discharge of a debt owed by defendant bankruptcy debtor. After making findings in favor of the creditors, the bankruptcy court granted the debtor's motion for reconsideration based on newly discovered evidence and reversed its fraud finding. The creditors appealed.

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Consumer opinion summary, case decided on February 16, 2012 , LexisNexis #0312-045