Harold W. McClellan v. Bobbie Darrell Cantrell

In looking at the facts of this case, as alleged by Mr. McClellan and taken as true by us on this motion to 'dismiss, there is an intuitive sense that Ms. Cantrell should not be able to escape the consequences of her deception. Our task, however, is to determine whether there is any specific statutory exception to the discharge of debts in bankruptcy, as set forth in 11 U.S.C. § 523, that applies.

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Given the overall structure of § 523, it seems clear that Congress intended § 523(a)(2)(A) to cover debts relating to the procurement of money or property by fraud and § 523(a)(6) to apply in a…