Stanley v. McLain (In re McLain)
Apr
29
2011
Ruling
Knowing violation of state deceptive trade practices act was not sufficient to support nondischargeability of judgment debt.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtors alleging that a debt owed by the debtor husband was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The creditor obtained a judgment against the debtor under the Texas Deceptive Trade Practices Act (DTPA) and argued that the elements used to satisfy the DTPA claim compelled a finding of nondischargeability.
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Court
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