Case Name:
Eggett v. Shaffer (In re Shaffer)
Judge:
Judge Clark
Date:
Jul-27-1988
Case Number(s):
86PC-0021
Status:
UNPUBLISHED
Body:
Plaintiffs filed an adversary complaint alleging that a judgment they had obtained in state court was not dischargeable in debtor's bankruptcy pursuant to 11 U.S.C. § 523(a)(2). On the parties' cross-motions for summary judgment, the court ruled that § 523(a)(2) requires a showing of intentional misrepresentation. Plaintiffs' state judgment was based on negligent misrepresentation, which is not sufficient. The court indicated that debtor's motion would be granted unless plaintiffs amended their complaint to state an intentional misrepresentation claim pursuant to § 523(a)(2).
Internal Ref:
Opinion 256
File: