Pitts v. Pitts (In re Pitts)

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The debtor’s mother, a creditor, seeks exception from discharge under 11 U.S.C. § 523(a)(2)(A) and (B) and judgment for treble damages under Fla.Stat. §§ 812 and 772.68[sic] for a claim in the amount of $65,000. The debtor has answered and the matter was tried on March 21. I now conclude that the claim is nondischargeable in the amount of $60,000, to account for payments made by the debtor in reduction of the note balance. Count II under Fla. Stat. § 812 is unsupported by the evidence and is dismissed.

The debtor is the oldest of four sons. The…