- 11 U.S.C.
In re West
Sep
22
2008
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.
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Court
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