Myers v. Ostling (In Re Ostling)

DECISION and ORDER

BURTON PERLMAN, Bankruptcy Judge.

Plaintiffs in this adversary proceeding seek judgment against defendant, a Chapter 7 debtor in this court. Plaintiffs also seek that any such judgment be held non-dischargeable. Defendant’s bankruptcy case was filed jointly with his wife Melaia. Melaia is not a party to this proceeding. Melaia in fact has been convicted of criminal fraud and is presently incarcerated. In the present suit, plaintiffs assert that defendant should be held liable for Mel-aia’s fraud.

The proceeding came on for trial. At the close of plaintiffs’ case, defendant…