- 11 U.S.C.
Hydro Partners LLC v. Gilberti (In re Gilberti)
Jan
27
2006
Ruling
Debt was deemed nondischargeable since state court judgment satisfied elements of section 523(a)(2).
Procedural posture
Plaintiff creditor sued defendant debtor. Count I alleged that the debtor was not entitled to discharge pursuant to 11 U.S.C. § 727(a)(4). Count II alleged that the debtor was not entitled to a discharge pursuant to 11 U.S.C. § 727(a)(2)(B). Count III asserted that the debt was excepted from discharge pursuant to 11 U.S.C. § 523(a)(2). The creditor moved for summary judgment. The debtor cross-moved for summary judgment on Count I.
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Court
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