Bankr. No.:
02-50259
Adv. No.:
02-5014
Chapter:
7
Date of Decision:
February 7, 2003
Issue:
Whether the Bank’s claim against Debtors was nondischargeable under either § 523(a)(2)(B) or § 523(a)(6) where pre-petition one debtor had sold a bulldozer that was secured to the Bank and where Debtors listed on their financial statement an interest in a family ranch that turned out not to exist?
Ruling:
The subject debts were not excepted from discharge. Under § 523(a)(2)(B), the record did not establish that Debtors listed an interest in the family ranch on the financial statements they gave the Bank with the requisite intent to defraud the Bank. Under § 523(a)(6), the record did not establish that one debtor sold the secured bulldozer with the requisite intent to financially harm the Bank.
Full Bankruptcy Court Decision:
