Nathurst v. Barnard (In Re Barnard)

MEMORANDUM OPINION ON COMPLAINT ON DISCHARGEABILITY

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a pre-Code Chapter VII case and the matter under consideration is a claim of non-dischargeability asserted by Hugh Lee Nathurst, III, (Nathurst) individually and as owner of West Coast Tractor Company and Toreador Inn of Ft. Myers, Inc. (Toreador). The original complaint which was dismissed on a Motion to Dismiss filed by the Defendant, D. Dean Barnard (Debtor), was amended. In the Amended Complaint, Nathurst and Toreador assert a claim of non-dischargeability in Count I in the amount of $56,650,…