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Legal Opinion

Belmont Wine Exchange, LLC v. Nascarella (In re Nascarella)

United States Bankruptcy Court, M.D. Florida

Decided May 10, 2013No. Bankruptcy No. 8:11-bk-18791-MGW; Adversary No. 8:11-ap-01394-MGWPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION ON MOTION FOR RECONSIDERATION OF SUMMARY JUDGMENT ORDER

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

The Debtor gave his son some wine and authorized him to sell it through a company the Debtor owned. Belmont Wine Exchange, which bought some of that wine, ultimately obtained a default judgment against the Debtor for fraud. Belmont seeks to have that judgment determined to be nondischargeable under Bankruptcy Code § 523(a)(2)(A). But there is no evidence in the record that the Debtor ever made any misrepresentation — false or otherwise — to Belmont in connection with the *330sale of…

2Cases cited19 opinions

  1. Brown v. FelsenSupreme Court of the United States · 1979
  2. RecoverEdge L.P. v. PentecostCourt of Appeals for the Fifth Circuit · 1995
  3. Strang v. BradnerSupreme Court of the United States · 1885
  4. In Re Thomas E. Ledford and J. Gregg Sikes, Debtors. Bancboston Mortgage Corporation v. Thomas E. Ledford (91-5649) J. Gregg Sikes (91-5594)Court of Appeals for the Sixth Circuit · 1992
  5. In Re Joseph John Cecchini, Debtor. Impulsora Del Territorio Sur, S.A., Dba Hotel Solmar v. Joseph John Cecchini, in Re Peter Robustelli, Debtor. Impulsora Del Territorio Sur, S.A., Dba Hotel Solmar v. Peter RobustelliCourt of Appeals for the Ninth Circuit · 1986

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3Cited by6 opinions

  1. In re Fundamental Long Term Care, Inc.United States Bankruptcy Court, M.D. Florida · 2013
  2. Lioce v. Heinz (In re Heinz)United States Bankruptcy Court, N.D. Alabama · 2013
  3. Westlake Flooring Co. v. Staggs (In re Staggs)United States Bankruptcy Court, N.D. Alabama · 2017
  4. Cabuya Cherokee, SA v. Vogt (In re Vogt)United States Bankruptcy Court, M.D. Florida · 2013
  5. Kondapalli v. DeMasi (In re DeMasi)United States Bankruptcy Court, M.D. Florida · 2014

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