Bankr. No.:
05-50693
Adv. No.:
06-5005
Chapter:
7
Date of Decision:
February 21, 2007
Issue:
Whether Defendants-Debtors were entitled to summary judgment with respect to Plaintiffs’ amended complaint to determine dischargeability under 11 U.S.C. § 523(a)(2)(A)?
Ruling:
Defendants-Debtors were entitled to summary judgment. Plaintiffs could not rely on a prepetition settlement agreement or a prepetition judgment of confession to establish nondischargeability under 11 U.S.C. § 523(a)(2)(A), because a prepetition agreement in which the debtor purports to waive the benefits of a bankruptcy discharge is void as against public policy and a state court judgment incorporating such a prepetition agreement is unenforceable, and Plaintiffs did not otherwise advance specific facts to create a genuine issue of material fact for trial.
Full Bankruptcy Court Decision:
