Legal Opinion

Charlie Kelton's Pontiac, Cadillac, Oldsmobile & Isuzu Truck, Inc. v. Roberts (In Re Roberts)

United States Bankruptcy Court, D. Massachusetts

Decided November 19, 1987No. 94-16098PublishedCited by 18 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This case presents the question of whether the purchase of goods with a check returned for nonsufficient funds creates a nondischargeable debt under 11 U.S.C. § 523(a)(2). The question is troublesome despite the many times it has been before the courts. We hold that the debt is dis-chargeable because of the particular circumstances present, and we set forth our findings of fact and rulings of law pursuant to BANKR.R. 7052.

I. FINDINGS OF FACT

The debtor, Maurice Roberts (the “Debt- or”), was the treasurer, clerk and a director of Automarket, Inc.…

2Cases cited32 opinions

  1. Gleason v. ThawSupreme Court of the United States · 1915
  2. Neal v. ClarkSupreme Court of the United States · 1878
  3. Williams v. United StatesSupreme Court of the United States · 1982
  4. In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978
  5. In the Matter of William Albert Talor, AKA William A. Taylor, Bankrupt Public Finance Corporation of Redlands v. William A. TaylorCourt of Appeals for the Ninth Circuit · 1975

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3Cited by18 opinions

  1. Williamson v. BusconiCourt of Appeals for the First Circuit · 1996
  2. Mortgage Guaranty Insurance v. Pascucci (In Re Pascucci)United States Bankruptcy Court, C.D. California · 1988
  3. Bakis v. Snyder (In Re Snyder)United States Bankruptcy Court, D. Massachusetts · 1989
  4. Danvers Savings Bank v. Alexander (In Re Alexander)United States Bankruptcy Court, D. Massachusetts · 2010
  5. Seery v. Basham (In Re Raymond)United States Bankruptcy Court, E.D. Virginia · 1989

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