May
23
2005
Lucas v. Lyle (In re Lyle)
Plaintiff creditors, owners of a residence, brought an adversary proceeding against defendant bankruptcy debtor, a contractor, alleging that a debt to the owners for the contractor's defective work was nondischargeable under 11 U.S.C. § 523(a)(2)(A) based on the contractor's misrepresentation that the contractor was licensed. The bankruptcy court reconsidered the owners'claim upon remand from the district court.
Ruling:
Debt for unlicensed contractor debtor's damage to a residence from defective work was deemed dischargeable since the debtor did not misrepresent that the debtor was unlicensed.
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Jan
01
2001
Picard v. Avellino (In re Bernard L. Madoff Inv. Sec. LLC)
Ruling:
Claims against Madoff accountant with actual knowledge the firm was not trading securitieswere not barred by safe harbor and could proceed. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 01,2001, LexisNexis #0816-078