Legal Opinion

Middletown City Employees Federal Credit Union, Inc. v. Shepherd (In Re Shepherd)

United States Bankruptcy Court, S.D. Ohio

Decided August 24, 1981No. Bankruptcy No. 3-80-00291, Adv. No. 80-0119PublishedCited by 17 opinions

1Opinion of the Court

DECISION

ELLIS W. KERR, Bankruptcy Judge.

THE PLEADINGS

The Complaint seeks determination of non-dischargeability of a debt for loans to be secured by a truck title which Defendant was to deliver to Plaintiff but which Defendant failed to deliver. It is alleged loans were obtained by false pretenses, false representations and actual fraud. The Answer denies the pertinent allegations.

SUMMARY OF FACTS AND TESTIMONY

On November 30,1977, Defendant-Debtor executed a promissory note in the amount of $4,379.88 to Plaintiff. Of this amount, $950.00 was for the purchase of a 1972 truck. The remaining…

2Cases cited4 opinions

  1. Neal v. ClarkSupreme Court of the United States · 1878
  2. Stephens v. MilikinCourt of Appeals of Georgia · 1926
  3. Warner v. JeterCourt of Appeals of Georgia · 1967
  4. Beamer v. FeickOhio Court of Appeals · 1960

3Cited by17 opinions

  1. National Bank of North America v. Newmark (In Re Newmark)United States Bankruptcy Court, E.D. New York · 1982
  2. Matter of EspositoUnited States Bankruptcy Court, S.D. New York · 1984
  3. Webster City Production Credit Ass'n v. Simpson (In Re Simpson)United States Bankruptcy Court, N.D. Iowa · 1983
  4. Peoples Security Finance Co. v. Todd (In Re Todd)United States Bankruptcy Court, W.D. Kentucky · 1983
  5. First National Bank of Cincinnati v. Hagedorn (In Re Hagedorn)United States Bankruptcy Court, S.D. Ohio · 1982

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