Fifth Third Bank v. Baumhaft (In Re Baumhaft)

Opinion Granting Plaintiff’s Motion for Summary Judgment

STEVEN W. RHODES, Bankruptcy Judge.

In this nondischargeability action under 11 U.S.C. § 523(a)(2), (4) and (6), the plaintiff has moved for summary judgment. Because the debtor’s pre-bankruptcy admissions and stipulations of fact are binding in this proceeding and justify a judgment of nondischargeability, the motion is granted.

I

On or about February 2, 1999, Michael Baumhaft pleaded guilty to violating 18 U.S.C. § 1344. Baumhaft entered into a Rule 11 plea agreement in which he stipulated to the elements of bank fraud pursuant to § 1344.…