Legal Opinion
Larpar, Archer & Cofrin, LLP v. Appling (In re Appling)
United States Bankruptcy Court, M.D. Georgia
Decided March 10, 2015No. Case No. 13-30083-JPS; Adversary Proceeding No. 13-3042PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
James P. Smith, Chief United States Bankruptcy Judge .
This is an adversary proceeding in which Plaintiff seeks to have its claim against Debtor R. Scott Appling1 determined non-dischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). As originally pled in its complaint, Plaintiff contended that when Debtor promised to use an anticipated tax refund to pay legal fees owed to Plaintiff, he committed fraud because he, in fact, never intended to do so. However, at trial, Plaintiff amended its contentions to allege that Debtor lied about when an amended tax return had been prepared and…
2Cases cited23 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
- In the Matter of Michael VAN HORNE. Margaret CASPERS, Appellee, v. Michael VAN HORNE, AppellantCourt of Appeals for the Eighth Circuit · 1987
- In Re Arthur R. Miller and Janet E. Miller, Debtors. Equitable Bank v. Arthur R. Miller, and Janet E. MillerCourt of Appeals for the Eleventh Circuit · 1994
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3Cited by2 opinions
- Lamar, Archer & Cofrin, LLP v. ApplingSupreme Court of the United States · 2018
- Navy Federal Credit Union v. Purse (In re Purse)United States Bankruptcy Court, S.D. Georgia · 2015