(Bankr. E.D. Ky. Dec. 6, 2016)

The court enters judgment declaring the state court judgment nondischargeable under 11 U.S.C. §523(a)(2)(A). The debtor represented to the plaintiff that he needed a loan to expand his construction business. The plaintiff loaned the debtor $62,000 based on this representation, but the debtor used the money to purchase vending machines that were disposed of within eight months. The debtor did not repay the loan, and the plaintiff obtained a judgment against him for the loan balance, interest, and punitive damages. The bankruptcy court finds the debt non-dischargeable, with the exception of certain attorney fees. Opinion below.

Judge: Schaaf

Attorney for Plaintiff: John E. Hinkel, Jr.

Attorney for Defendant: John M. Simms

2016-12-06-in-re-miller