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Alam v. Swain (In re Swain)

Alam v. Swain (In re Swain)

Ruling
Dishonored guaranty executed by third party in favor of creditor with whom debtor had cohabited did not establish fraud on the part of debtor.
Procedural posture

When defendant debtor filed a chapter 7 bankruptcy, plaintiff creditor filed an adversary complaint by which she sought a ruling that a debt owed to her by the debtor was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). Plaintiff, however, abandoned her claim under section 523(a)(2)(B) before trial.

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Commercial opinion summary, case decided on November 02, 2007 , LexisNexis #1207-068