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Lee Bank and Trust Co. v. Defore (In re Defore) (Case No. 12-71915; A.P. No. 13-07009) 04/26/2013

Lee Bank and Trust filed an adversary proceeding seeking a determination of non-dischargeability of certain debts owed to it by the debtor pursuant to 11 U.S.C. § 523.  The debtor filed a motion to dismiss which raised three defenses: first, a plea of the Virginia statute of limitations applicable to causes of action for fraud; second, that any claim based on allegedly false financial statements was on its face without merit because the financial statements in question were joint statements of the debtor and his wife although only the debtor was an obligor on the loans made; and third, that the count asserting that the debtor maliciously and intentionally converted some of the collateral is defective because it fails to allege any value for such converted collateral and therefore any cognizable damages resulting from the claimed conversion.  The court overruled the first two and sustained the third but allowed the bank to file an amended complaint to cure the deficiency.

Date: 
Friday, April 26, 2013
Category: 
Adversary Proceedings
Chapter 7 Issues
Dischargeability
Fraud
Statute of Limitations
Chapter: 
7