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Opinion 264

Case Name: 

Joseph v. Stone (In re Stone)

Judge: 
U.S. District Court, Utah
Date: 
Sep-21-1988
Case Number(s): 
84PC-0988
Status: 

APPEAL
91 B.R. 589 (D.Utah)

Body: 

Plaintiffs, who were all limited partners in a partnership in which debtor was the general partner, filed an adversary complaint alleging non-dischargeability of their claims against debtor, which the bankruptcy court dismissed. On appeal, the district court affirmed, concluding that plaintiffs had failed to meet the burden of proving their claims under 11 U.S.C. § 523(a)(2)(A) and (a)(4). Specifically, the district court determined that plaintiffs had failed to provide clear and convincing evidence that debtor's statements that induced them to invest in the partnership satisfied the elements of § 523(a)(2)(A), or that debtor was a "fiduciary" within the meaning of § 523(a)(4).

Internal Ref: 
Opinion 264
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