Fidelity National Title Insurance v. Garcia (In Re Garcia)

MEMORANDUM OPINION GRANTING FIDELITY NATIONAL TITLE INSURANCE COMPANY’S MOTION FOR SUMMARY JUDGMENT

KAREN S. JENNEMANN, Bankruptcy Judge.

In 2002, the plaintiff, Fidelity National Title Insurance Company, 1 extended a home equity line of credit to the debtor, Rafael Aquilino Garcia, secured by a home then owned by Garcia. Fidelity now seeks a summary judgment on its request to except from discharge under § 523(a)(6) of the Bankruptcy Code 2 outstanding debts Garcia incurred on the line of credit, alleging Garcia sold the property in 2003 without its knowledge or consent, and that Garcia…