Legal Opinion

Frank & Barbara Broyles Legacy Foundation v. Nichols (In re Nichols)

United States Bankruptcy Court, N.D. Oklahoma

Decided April 24, 2014No. Bankruptcy No. 12-13089-M; Adversary No. 13-01012-MPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

TERRENCE L. MICHAEL, Chief Judge.

Section 523(a)(2)(A) of the United States Bankruptcy Code prevents the discharge of a debt incurred as the result of fraud. However, first things first. In order for a *724bankruptcy court to consider the issue of whether a debt is dischargeable under bankruptcy law, a debt must exist as a matter of state law. In this adversary proceeding, plaintiff claims to have been defrauded in the sum of $267,000. Defendants deny the allegation, and claim that, in any event, no debt exists because plaintiffs time for bringing a fraud action against them has…

2Cases cited8 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In Re Gerald T. BLACK and Denise B. Black, Debtors. Garth L. DRIGGS, Plaintiff-Appellant, v. Gerald T. BLACK, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1986
  3. Oklahoma Federated Gold and Numismatics, Inc. v. Michael W. BlodgettCourt of Appeals for the Tenth Circuit · 1994
  4. Resolution Trust Corp. v. McKendry (In re McKendry)Court of Appeals for the Tenth Circuit · 1994
  5. Spinnenweber v. Moran (In Re Moran)United States Bankruptcy Court, S.D. Ohio · 1993

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3Cited by7 opinions

  1. Fox v. Crowgey (In re Crowgey)United States Bankruptcy Court, W.D. Virginia · 2014
  2. Pollock v. Phillips (In re Phillips)United States Bankruptcy Court, N.D. Oklahoma · 2014
  3. Baer v. MyersUnited States Bankruptcy Court, D. Utah · 2022
  4. David Lee Potts and Gloria Denise PottsUnited States Bankruptcy Court, N.D. Oklahoma · 2023
  5. In re: MedEx, LLCUnited States Bankruptcy Court, N.D. Mississippi · 2026

2 more not listed; retrieve them via the Exa API.

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