Bankr. No.:
97-50379
Adv. No.:
98-5016
Chapter:
7
Date of Decision:
December 17, 1998
Issue:
Whether summary judgment for the defendant-Debtor should be granted as to the Plaintiff's counts under § 523(a)(2), (4), or (6) where the debt arose from a failed sale of a dental business and where the debtor's actions clouded the plaintiff-seller's security interest in the property?
Ruling:
Summary judgment was granted under § 523(a)(4) because the record did not show that the debtor was a fiduciary. Summary judgment was granted under § 523(a)(6) because the record did not establish any claim for a willful and malicious injury. A trial was to be held under § 523(a)(2) because the record bore some evidence of general fraud.
Full Bankruptcy Court Decision:
