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Russ v. Absher (In re Absher) (Case No. 10-70636; A.P. No. 10-07039) 10/07/2011

            The plaintiffs, who had purchased a used car from the debtor, sought to obtain a non-dischargeable judgment against him for the loss which they claimed to have suffered by reason of such car’s undisclosed salvage title history.  The Court concluded that the greater weight of the evidence persuaded it that the plaintiffs were induced to purchase the vehicle on the basis of a false representation of a material fact about the car’s damage history made by the debtor’s salesman, which representation caused them to forego making their own investigation of such vehicle’s history, and that as a result they acquired a vehicle which was worth significantly less than the contract price for it.  The Court this entered judgment for the plaintiffs finding the debt non-dischargeable under 11 U.S.C. § 523(a)(2)(A).

Date: 
Friday, October 7, 2011
Category: 
Adversary Proceedings
Chapter 7 Issues
Dischargeability
Fraud
Chapter: 
7