Heinold Hog Market, Inc. v. Hogan (In Re Hogan)

MEMORANDUM OPINION

ROBERT E. BRAUER, Bankruptcy Judge.

This Cause presents dischargeability issues under 11 U.S.C. § 523(a)(2).

Debtor Defendant sold encumbered hogs to the Plaintiff, knowing of the encumbrances, without disclosing the encumbrances to the Plaintiff. Debtor received the fair market value for the hogs, from the Plaintiff, on each sale. Payment, on each occasion, was made by check, drawn by the Plaintiff, payable to the Debtor; Debtor accepted each check as payment. Each check contains a legend, on its reverse side, at the place where normally the payee’s endorsement is to be…