- 11 U.S.C.
AAFCOR LLC v. Shelton (In re Shelton)
Nov
04
2009
Ruling
Alleged fraud on part of debtor's brother was not basis for nondischargeability of alleged debt where creditor had actual notice of facts.
Procedural posture
Creditor filed an action against defendants, a debtor, his brother, and others, alleging fraud, conspiracy, and partnership claims. the creditor also argued that the debt of the debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) or (B). The creditor, the debtor, and the brother filed cross motions for summary judgment.
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- 11 U.S.C.
FIA Card Services v. Finnerty (In re Finnerty)
Oct
30
2009
Ruling
Credit card charges and cash advances were dischargeable absent evidence of fraudulent intent.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant debtor, seeking a finding that $ 6,900 in charges and cash advances the debtor put on her credit line was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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- 11 U.S.C.
Johnson v. Riebesell (In re Riebesell)
Oct
28
2009
Ruling
Loan debt properly held nondischargeable based on debtor's misrepresentations on which creditor reasonably relied.
Procedural posture
Creditor brought an adversary proceeding against appellant bankruptcy debtor, an attorney, seeking a determination that loan debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's misrepresentations. The debtor appealed the decision of the U.S. Bankruptcy Appellate Panel for the Tenth Circuit which upheld a judgment in favor of the creditor.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Sandia Lab. Fed. Credit Union v. Torrez (In re Torrez)
Oct
14
2009
Ruling
Missed payments before petition date did not create a further extension of credit that would render debt nondischargeable.
Procedural posture
This matter was before the court on defendant debtors' Motion for Judgment on the Pleadings, governed by Fed. R. Civ. P. 12(c), in plaintiff creditor's adversary complaint to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2).
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- 11 U.S.C.
Watts v. Hood (In re Hood)
Oct
08
2009
Ruling
Payments by potential purchaser to debtor who did not use them to pay mortgage as represented in contract were nondischargeable.
Procedural posture
Plaintiff creditor, the purchaser under a contract to deed, sought a determination of nondischargeability under 11 U.S.C.S. § 523(a)(2)(A) with respect to the debt arising out of the contract, alleging that the defendant debtor falsely represented that she was making the underlying mortgage payments on the subject real property, and the payments were current during the term of the contract for deed. The property was foreclosed upon.
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- 11 U.S.C.
Hardge v. Lackey (In re Lackey)
Oct
04
2009
Ruling
Creditor provided with opportunity to amend complaint in dischargeability proceeding in order to properly allege elements of fraud.
Procedural posture
Defendant debtor filed a motion seeking dismissal of plaintiff creditor's complaint objecting to the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) on the ground that the complaint failed to state a claim upon which relief could be granted. The creditor opposed the motion and, in response, sought leave to amend his complaint.
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- 11 U.S.C.
Nova Datacom Inc. v. Verzani (In re Verzani)
Sep
17
2009
Ruling
Judgment debt could be contested by debtor where underlying fraud claim was not actually litigated in state court.
Procedural posture
This matter came before the court on the motion for summary judgment, pursuant to Fed. R. Civ. P. 56, Fed. R. Bankr. P. 7056, 9014, filed by plaintiff judgment creditor, with respect to its Complaint to determine the dischargeability under 11 U.S.C.S. § 523(a)(2)(A) of a debt arising under a prepetition state court judgment it obtained against defendant debtor.
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- 11 U.S.C.
McDonald v. Morgan (In re Morgan)
Sep
17
2009
Ruling
Debt was nondischargeable due to the debtor's misrepresentation regarding amount and purpose of loan.
Procedural posture
Plaintiff creditor sued seeking a monetary judgment against defendant debtor and a determination that it was nondischargeable under 11 U.S.C.S. § 523(a)(2). The complaint averred that debtor made false statements and misrepresentations upon which the creditor relied when he agreed to allow debtor to borrow money against a residence, under the representation that debtor was only going to borrow enough to pay off a truck. Judgment was pending.
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- 11 U.S.C.
Klaes v. Davison (In re Davison)
Sep
16
2009
Ruling
Debt arising from false pretenses, representations or fraud while debtor was acting as "financial advisor" was nondischargeable.
Procedural posture
Plaintiffs, an unsophisticated investor and her son, filed a complaint against defendant debtor objecting to dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), asserting that debtor obtained funds from them by false pretenses, a false representation or actual fraud. The matter was pending decision following trial.
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- 11 U.S.C.
Hauser v. Lusk (In re Lusk)
Sep
14
2009
Ruling
Creditor failed to establish that debtor's alleged inducement not to record deed of trust was grounds for nondischargeability.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking determinations that a loan debt to the creditor was excepted from discharge under 11 U.S.C.S. § 523 based on fraud and willful and malicious injury, and that the debtor was not entitled to a discharge under 11 U.S.C.S. § 727 based on false oaths and concealment and loss of assets.
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