Cole v. Wood (In Re Wood)

MEMORANDUM AND ORDER AFFIRMING THE BANKRUPTCY COURT 1

AVERN COHN, District Judge.

I. Introduction

This is an appeal from an adversary proceeding in a Chapter 13 bankruptcy case. Plaintiffs Donald and Rebecca Cole (the Coles) filed an adversary complaint seeking a declaration that debt allegedly owed to the Coles by Defendants/Debtors J. Marzine and Kristina F. Wood (the Woods) was the result of “actual fraud” and thereby non-dischargeable under 11 U.S.C. § 523(a)(2)(A). Following a two-day trial, the bankruptcy court held that the Coles failed to satisfy their burden to prove fraud. The Coles 2…