You are here

Michael J. Arnoldy and Sonia R. Arnoldy v. David L. Ochs and Annette L. Ochs (In re Ochs)

Bankr. No.: 
01-10336
Adv. No.: 
02-1008
Chapter: 
7
Date of Decision: 
September 30, 2002
Issue: 
Whether Plaintiffs’ claim against Debtors was excepted form discharge?
Ruling: 
Plaintiffs’ claim was declared nondischargeable under § 523(a)(2)(B). The only two elements in dispute were whether Plaintiffs, when purchasing a home built by Debtor, reasonably relied on certain sale closing documents signed by Debtor and whether Debtor acted with a fraudulent intent. The Court found that Plaintiffs reasonably relied on all the closing documents, which erroneously indicated that there were no outstanding materialmen’s liens due to Debtor’s failure to disclose, and that Debtor acted with a reckless disregard for the truth of whether all subcontractors and materialmen and their claims had been accurately disclosed before or at the closing.
Full Bankruptcy Court Decision: