Skip to main content

In re West

In re West

Ruling
Default judgment did not provide basis for finding of nondischargeability based on fraud.
Procedural posture

Plaintiff judgment creditor filed this adversary proceeding to except its judgment debt from discharge on the basis of 11 U.S.C.S. § 523(a)(2)(A), alleging that defendants, debtor husband and his construction company, obtained money from it by false pretenses, false representations, or actual fraud. The creditor moved for summary judgment, asserting that the evidence and the state court judgment established that debtor acted fraudulently.

ABI Membership is required to access the full summary of In re West Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 22, 2008 , LexisNexis #1208-014