American Security Insurance Service v. Damiani (In Re Damiani)

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

This matter is before the Court on American Security Insurance Service, Inc.’s (ASIS) complaint for declaratory judgment as to dischargeability and for relief from stay to proceed in state court. ASIS is seeking to collect insurance premiums the Debtors owe to it. Following a trial thereon, the following findings of fact and conclusions of law are hereby reached:

The facts are generally not in dispute. On or about July 12, 1991, the Defendant-Debtor, Richard A. Damiani (Debtor), issued a check drawn on the account of Richard A.…