Aurora Tower Finance Corp. v. Cervantes

Mr. PRESIDING JUSTICE MORAN

delivered the opinion of the court:

Plaintiff confessed judgment on defendants’ note. Defendants secured opening of the judgment and pleaded that the debt underlying the judgment was barred by a discharge in bankruptcy. Plaintiff replied claiming that the discharge, as to it, was prevented because the loan was based upon defendants’ fraudulent financial statement. After a bench trial, the judge found plaintiff had “failed to sustain its burden of proof”.

Plaintiff appeals contending that defendants failed to carry their burden of proving that they did not intend to…