Lytle v. Abraham (In Re Abraham)

MEMORANDUM OPINION 1

JOHN T. FLANNAGAN, Bankruptcy Judge.

The adversary complaint alleges that a state court contract judgment should be declared nondischargeable because the defendant committed either actual fraud or willful and malicious injury in the transaction. 2 The only testifying witnesses were the plaintiff and his employee, the defendant having failed to appear at the trial, although his counsel was present and participated. Nevertheless, the plaintiff failed to prove either actual fraud or willful and malicious injury. The court therefore finds for the defendant. 3

Douglas P. Lytle,…