Plaintiffs initiated an adversary proceeding seeking a determination that the debt they allegedly held against the debtors was non-dischargeable under 11 U.S.C. § 523(a)(2)(A), including for fraud in the inducement, false representation, and actual fraud. The defendant debtors filed a motion for summary judgment. The Court concluded that the plaintiffs showed a genuine issue of material fact as to each element for which they carry the burden at trial. For this reason, the defendants were not entitled to judgment as a matter of law and their motion for summary judgment was denied.
File:
Judge:
Date:
Tuesday, October 15, 2013
Category:
Adversary Proceedings
Burden of Proof
Chapter 7 Issues
Dischargeability
Chapter:
7