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Voegler v. Myrtle (In re Myrtle) (Case No. 12-51281; A.P. No. 12-05074) 12/17/13

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 court found that the plaintiffs failed to establish liability on a claim.  Without liability on a claim, the court held that the plaintiffs could not show that the debtors owed them a debt.  The existence of a debt is an essential element of a section 523(a)(2)(A) action.  Moreover, the court determined that the plaintiffs’ evidence was insufficient to support a finding that the debt allegedly owed was non-dischargeable under 11 U.S.C. § 523(a)(2)(A). Therefore, the court granted the debtors’ Rule 52(c) motion.

Date: 
Tuesday, December 17, 2013
Category: 
Adversary Proceedings
Burden of Proof
Chapter 7 Issues
Dischargeability
Fraud
Chapter: 
7