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Sanderson Farms Inc. v. Gasbarro (In re Gasbarro)

Sanderson Farms Inc. v. Gasbarro (In re Gasbarro)

Ruling
Dischargeability proceeding dismissed as state court proceeding was not preclusive and creditor's evidence was limited creditor's own testimony.
Procedural posture

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) and (6). The court conducted a hearing to determine whether to receive into evidence exhibits offered by the creditor, and if not, whether the adversary proceeding should be dismissed.

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Consumer opinion summary, case decided on June 06, 2008 , LexisNexis #0708-060