Bombardier Capital, Inc. v. Baietti (In re Bombardier Capital, Inc.)

MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Bankruptcy Judge.

In this adversary proceeding, Bombardier Capital, Inc., (“Bombardier”), seeks a determination that certain obligations owed to it by Richard Baietti (“Baietti” or “debtor”) are excepted from discharge under § 523(a)(2)(A) of the Bankruptcy Code.1 For the reasons set forth below, I conclude that Baietti’s debt to Bombardier in the amount of $25,107.30 is excepted from discharge.2

Facts

Commencing in 1972, Baietti operated an auto body and auto glass business in Houl-ton, Maine. About 1974, he incorporated it as Rick’s Auto Body, Inc.,…