Ryan v. Jenkins (In Re Jenkins)

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Chief Judge.

This is a dischargeability action under 11 U.S.C. § 523(a)(2), (4), and (6). Plaintiff Ryan is a truck driver who entered into a written agreement to obtain a 1983 Kenworth Truck from debtor-defendant Jerry Dale Jenkins, who is also in the trucking business. The purchase price was to be $7,000.00. Ryan and his wife Kathy Ryan, paid Jenkins $3,000.00, and Jenkins transferred possession of the truck to Mr. Ryan in June 1997. Jenkins, however, did not transfer title to the Ryans. At the same time, the parties orally agreed that Mr. Ryan would…