Kegg v. Bailey (In Re Bailey)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Joseph Kegg, the instant plaintiff (hereafter “Kegg”), seeks to have his claim against Gregory Bailey, one of the above-captioned debtors (hereafter “the Debtor”), declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2). The Debtor disagrees that such claim should be excepted from his Chapter 7 bankruptcy discharge. For the reasons that are set forth below, the Court, after a trial on the matter held on January 27, 2011, holds that (a) Kegg’s claim cannot be declared nondischargeable pursuant to § 523(a)(2), and (b) such debt,…