Barnett Bank of Tampa v. Pitts (In Re Pitts)

ALEXANDER L. PASKAY, Chief Judge.

FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM OF OPINION

THIS IS a contested discharge proceeding and the matter under consideration is the dischargeability of a debt admittedly due and owing by William Edward Pitts (Pitts) to Barnett Bank of Tampa (Barnett), the Plaintiff who instituted this adversary proceeding.

The claim of non-dischargeability is based on § 523(a)(2)(A) of the Bankruptcy Code and it is contended by the Plaintiff that the debt represents a liability created by false pretenses, and as such is outside of the overall protective provisions of…