Conestoga Title Insurance Co. v. Patchell (In re Patchell)

MEMORANDUM OPINION IN SUPPORT OF ORDER DISMISSING COMPLAINT AND ENTERING JUDGMENT IN FAYOR OF THE DEFENDANTS

ROBERT A. GORDON, U.S. BANKRUPTCY JUDGE

I. Preliminary Statement

The questions presented for determination are (1) whether the Debtor/Defendant, Rebecca Patchell committed fraud as to the Plaintiff, Conestoga Title Insurance Company (Conestoga Lancaster) with respect to the settlement of the sale of her personal real estate such that her potential liability to Conestoga Lancaster should be excepted from her discharge and (2) whether, after the passage of well over three years since…