Date of Decision:
June 30, 2008
Whether Plaintiff was entitled to summary judgment with respect to Plaintiff's complaint to determine dischargeability under 11 U.S.C. § 523(a)(2)(A)?
No. Plaintiff failed to point the Court to anything in the record to suggest Debtor-Defendant knew his statements were false at the times they were made. Moreover, while no defense to an insufficient showing is required, the only evidence in the record of what Debtor-Defendant knew or did not know at the times in question was that provided by Debtor-Defendant's affidavit, in which he denied knowing the statements were false at the times they were made. Thus, even if Plaintiff had pointed the Court to evidence in the record to suggest Debtor-Defendant knew the statements were false at the times they were made, a genuine issue of fact would have remained.
Full Bankruptcy Court Decision: