Legal Opinion
Security Title & Guaranty Co. v. Stivers (In Re Stivers)
United States Bankruptcy Court, S.D. Florida.
Decided February 22, 1988No. 10-02125PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Chief Judge.
The plaintiff creditor seeks exception from discharge for its $51,734 claim under 11 U.S.C. § 523(a)(2)(A). 1 The debtor, who has no attorney, has answered. The matter was tried February 9. I now conclude that plaintiff has failed to prove its allegations.
The facts are not in dispute. Plaintiff has relied solely on documents and the debtor’s testimony.
When the debtor and his wife sold their New York home on August 22, 1986, the plaintiff insured the vendee’s title. At the closing, plaintiff demanded and received a handwritten affidavit from…
2Cases cited5 opinions
- In Re Ira Laurence Hunter, Debtor. Edwin Schweig v. Ira Laurence HunterCourt of Appeals for the Eleventh Circuit · 1986
- In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987
- BIRMINGHAM TRUST NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. John P. CASE, Jr., Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1985
- Simmons v. Landon (In Re Landon)United States Bankruptcy Court, N.D. Ohio · 1984
- Laracuente Batista v. Griswold (In Re Seijo Custodio)United States Bankruptcy Court, D. Puerto Rico · 1987
3Cited by9 opinions
- Mortgage Guaranty Insurance v. Pascucci (In Re Pascucci)United States Bankruptcy Court, C.D. California · 1988
- Graham v. Billings (In Re Billings)United States Bankruptcy Court, E.D. New York · 1989
- Howard v. United States (In Re Howard)United States Bankruptcy Court, M.D. Florida · 1994
- Cardenas v. Stowell (In Re Stowell)United States Bankruptcy Court, W.D. Texas · 1989
- Cowher's Trucking, Inc. v. Zack (In Re Zack)United States Bankruptcy Court, E.D. Virginia · 1989
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