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Fox v. Crowgey (In re Crowgey) (Case No. 13-62278; A.P. No. 14-06002) 9/24/2014

The Court granted the plaintiff's motion for summary judgment, finding the debt owed to it by the debtor was nondischargeable, pursuant to Bankruptcy Code section 523(a)(2)(A), as arising from the debtor's fraud.  The Court held that the debt, which arose from a default judgment in an Oklahoma state court for fraud, was nondischargeable, based on the relative closeness of the Oklahoma and Bankruptcy Code standards for fraud and the particular wording of the Oklahoma judgment, which suggested the Oklahoma court had received sufficient evidence in support of the motion.  Furthermore, the debtor appeared to have participated in the state-court proceedings until his counsel withdrew, at which time the court informed him he could retain other counsel but he did not.  

Date: 
Tuesday, September 2, 2014
Category: 
Dischargeability
Fraud
Punitive Damages
Chapter: 
7