- 11 U.S.C.
BankOrion v. Mitchell (In re Mitchell)
Aug
21
2008
Ruling
Debt owed to financer of debtor's insurance was nondischargeable due to debtor's improper use of proceeds.
Procedural posture
Plaintiff, a secured creditor, filed a complaint to determine dischargeability pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6) on the ground that defendant debtor had violated its rights to collateral by using certain insurance proceeds for his own purposes and not paying them over to plaintiff. Defendant denied any impropriety and insisted that his discharge was enforceable against plaintiff.
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Court
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