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Machanic v. Clark (In re Clark)

Machanic v. Clark (In re Clark)

Ruling
Debt owed to purchaser of debtor's former residence was dischargeable absent proof of intent to deceive or purcasher's reliance on representations.
Procedural posture

After defendant debtor filed for chapter 7 bankruptcy protection, plaintiff purchaser initiated an adversary proceeding, seeking a determination that the debtor was required to reimburse her for the money she had spent and would spend to correct alleged undisclosed problems with a house she purchased from him. The purchaser also alleged that the damages were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).

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Consumer opinion summary, case decided on September 03, 2008 , LexisNexis #0908-079