Gieseking v. Thomas

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

PAMELA PEPPER, Bankruptcy Judge.

This adversary proceeding boils down to a disagreement between two former business associates as to whether one fraudulently caused — or, at least, fraudulently allowed to occur — a business loss to the other. After hearing extensive evidence at trial, the Court concludes that this case, while it results from the dashed hopes and dreams of both men, did not involve fraud, and therefore that the defendant’s debts are dischargeable under the Bankruptcy Code. 1

I. PROCEDURAL HISTORY

On January 20, 2005, plaintiff…