Fridman v. Rixham (In re Rixham)

MEMORANDUM OPINION IN SUPPORT OF JUDGMENT ORDER EXCEPTING DEBT FROM DISCHARGE

ROBERT A. GORDON, U.S. BANKRUPTCY JUDGE

1. Preliminary Statement

The question presented by this Adversary Proceeding is whether the Plaintiff/Judgment Creditor, Mr. Fridman, the individual 100% owner of the corporate creditor, Golden Gate Enterprises, Inc. (Golden Gate), may personally prosecute an 11 U.S.C. § 523(a)1 exception to discharge claim that arises from debts that were instigated by the Debtor’s intentional misrepresentations but were technically extended by Golden Gate. The question is a knotty one but the…