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Voegler v. Myrtle (In re Myrtle) (Case No. 12-51281; A.P. No. 12-05074) 10/15/2013

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.

Date: 
Tuesday, October 15, 2013
Category: 
Adversary Proceedings
Burden of Proof
Chapter 7 Issues
Dischargeability
Chapter: 
7