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Opinion 309

Case Name: 

Haymond v. Grant (In re Grant)

Judge: 
Judge Boulden
Date: 
Sep-14-1990
Case Number(s): 
88PB-0972
Status: 

UNPUBLISHED
See 340.pdf

Body: 

Plaintiffs sought a non-dischargeable judgment against debtor under 11 U.S.C. § 523(a)(2)(B), alleging that debtor had provided a materially false financial statement in support of his personal guarantee to repay the price of stock purchased from plaintiffs by a company debtor controlled. After hearing and analyzing extensive evidence, the court found that plaintiffs had failed to prove by clear and convincing evidence that debtor intended to deceive them, as required for non-dischargeability by § 523(a)(2)(B). The debt to plaintiffs was therefore discharged. This decision was reversed and remanded by the district court in 340.pdf for the bankruptcy court's reconsideration of the outcome, using a preponderance of the evidence standard.

Internal Ref: 
Opinion 309
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