Legal Opinion

Bernacchi v. Cascio (In re Cascio)

United States Bankruptcy Court, M.D. Florida

Decided April 4, 2017No. Case No. 3:16-bk-331-PMG; Adv. No. 3:16-ap-108-PMGPublishedCited by 6 opinions

1Opinion of the Court

*853FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION

PAUL M. GLENN, United States Bankruptcy Judge

THIS CASE came before the Court for a final evidentiary hearing in this adversary proceeding.

The Plaintiff objects to the discharge-ability of a debt allegedly owed to her by the Debtor pursuant to § 523(a)(2)(A) of the Bankruptcy Code. For the alleged debt to be nondischargeable under § 523(a)(2)(A), the Plaintiff must establish the traditional elements of common law fraud by a preponderance of the evidence.

The Plaintiff and the Debtor were involved in a personal relationship between 2011…

2Cases cited7 opinions

  1. Ojeda v. GoldbergCourt of Appeals for the Seventh Circuit · 2010
  2. Wayne v. Bucciarelli (In Re Bucciarelli)United States Bankruptcy Court, N.D. Georgia · 2010
  3. Parkway Bank & Trust v. Casali (In re Casali)United States Bankruptcy Court, N.D. Illinois · 2014
  4. INDIA AMERICA TRADING, CO., INC. v. WhiteDistrict Court of Appeal of Florida · 2005
  5. Jones v. Owens (In re Owens)United States Bankruptcy Court, D. Maryland · 2016

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3Cited by6 opinions

  1. Tinsman v. Chaney (In re Chaney)United States Bankruptcy Court, N.D. Alabama · 2018
  2. Ebayyah v. JaberUnited States Bankruptcy Court, N.D. Alabama · 2019
  3. Mohammed JaberUnited States Bankruptcy Court, N.D. Alabama · 2019
  4. Rosenberg Ventures, Inc. d/b/a AJ Construction v. Velasco, Jr.United States Bankruptcy Court, M.D. Florida · 2020
  5. The Estates of Robert Moss and Brenda Moss by Dana v. DorandUnited States Bankruptcy Court, N.D. Florida · 2022

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

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