McMillen v. Jarmul (In Re Jarmul)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Plaintiff Russell McMillen seeks a determination that a debt purportedly owed to him by debtors is not dischargeable pursuant to 11 U.S.C. section 523(a)(2)(A). 1

I

FACTS

Plaintiff is a general contractor and is in the business of constructing houses.

On April 1, 1990, plaintiff and debtor Edward Jarmul (“Mr. Jarmul”) executed an agreement whereby plaintiff was to erect a pre-fabricated building which debtors intended to use as their personal residence. The total contract price was $66,528.00. The pre-fabricated materials to be used by…