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Opinion 412

Case Name: 

George v. Cevering (In re Cevering)

Judge: 
Judge Boulden
Date: 
Apr-14-2000
Case Number(s): 
99PB-2022
Status: 

UNPUBLISHED

Body: 

Debtor's ex-spouse filed a nondischargeability action under 11 U.S.C. §523(a)(4), (a)(5), and (a)(15) seeking $50,000, an award of punitive damages and attorney fees. On the day of trial, the debtor stipulated that the $50,000 debt was nondischargeable under 11 U.S.C. § 523(a)(15). The court found that the debt was also nondischargeable under 11 U.S.C. § 523(a)(4) but declined to award punitive damages because the statute of limitations ran on any state law conversion claim prepetition and no provision of the Bankruptcy Code allowed punitive damages under the circumstances of the case. The court declined to award attorney fees finding there was no case law, contractual, or statutory basis. The plaintiff also sought a general denial of the debtor's discharge under 11 U.S.C. §727(a)(2) and (a)(4)(A). The court denied the debtor's discharge under § 727(a)(4)(A) finding that the debtor knowingly and fraudulently made a material false oath.

Internal Ref: 
Opinion 412
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