(Bankr. W.D. Ky. Aug. 2, 2016)
The bankruptcy court denies the debtor’s motion to dismiss the nondischargeability action and denies the plaintiff’s cross-motion for summary judgment. The plaintiff’s claims under 11 U.S.C. § 523(a)(2)(A), (4), and (6) were based on allegations that the debtor misrepresented his intent with respect to a transaction in which the plaintiff transferred his ownership interest in a business in exchange for a promissory note from the debtor. The court finds that the plaintiff stated claims under the above sections and that there were genuine issues of fact that precluded summary judgment. Opinion below.
Attorney for Plaintiff: Dinsmore & Shoal, John M. Spires
Attorney for Debtor: Fauver Law Office, PLLC, Shannon Renee Fauver