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§ 523(a)(2)(A)

Citibank (South Dakota) N.A. v. Han (In re Han)

Aug
08
2005
Ruling
Portion of debtor's credit card debt was deemed nondischargeable due to debtor's fraud.
Procedural posture

Plaintiff credit card company filed an adversary proceeding against defendant debtor alleging that the debtor's obligation to the credit card company was not dischargeable under 11 U.S.C. § 523(a)(2)(A). After filing an amended complaint, the credit card company filed a renewed motion for a default judgment.

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opinion summary, case decided on August 08, 2005 , LexisNexis #0106-083
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Cote v. Catherman (In re Catherman)

Jul
08
2005
Ruling
Creditor failed to establish that debtor intentionally misrepresented the purpose of a loan and thus loan debt was deemed dischargeable.
Procedural posture

Plaintiff creditor filed a complaint to determine the dischargeability of a debt owed by defendant debtor. The creditor brought this suit pursuant to the statutory exception to discharge under 11 U.S.C. § 523(a)(2)(A).

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opinion summary, case decided on July 08, 2005 , LexisNexis #0106-081
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Lucas v. Lyle (In re Lyle)

May
23
2005
Ruling
Debt for unlicensed contractor debtor's damage to a residence from defective work was deemed dischargeable since the debtor did not misrepresent that the debtor was unlicensed.
Procedural posture

Plaintiff creditors, owners of a residence, brought an adversary proceeding against defendant bankruptcy debtor, a contractor, alleging that a debt to the owners for the contractor's defective work was nondischargeable under 11 U.S.C. § 523(a)(2)(A) based on the contractor's misrepresentation that the contractor was licensed. The bankruptcy court reconsidered the owners'claim upon remand from the district court.

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opinion summary, case decided on May 23, 2005 , LexisNexis #0106-049
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