Legal Opinion

Arvest Mortgage Co. v. Nail (In Re Nail)

United States Bankruptcy Court, W.D. Arkansas

Decided April 9, 2010No. Bankruptcy No. 5:09-bk-72059. Adversary No. 5:09-ap-7121Published

1Opinion of the Court

ORDER

BEN T. BARRY, Bankruptcy Judge.

Before the Court is the complaint of Arvest Mortgage Company [Arvest] to determine the dischargeability of a debt owed to Arvest under 11 U.S.C. § 523(a)(2) and (a)(4) and the debtor’s answer to the complaint. The Court heard the complaint on February 25, 2010, and at the conclusion of the trial took the complaint under advisement. During the trial, the debtor moved for a directed verdict as to the § 523(a)(2) cause of action, which the Court granted. The debtor also objected to Arvest’s standing to bring the complaint and moved for dismissal of the…

2Cases cited9 opinions

Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
In Re Byron C. Lewis Irene Lewis, Debtors. Byron C. Lewis Irene Lewis v. Mitchell R. ScottCourt of Appeals for the Ninth Circuit · 1996
In Re: John A. Cochrane, Debtor. Tudor Oaks Limited Partnership v. John Alexander CochraneCourt of Appeals for the Eighth Circuit · 1997
In Re Kang Jin HwangUnited States Bankruptcy Court, C.D. California · 2008

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