Colorado West Transportation Co. v. McMahon

ORDER

PAUL W. BONAPFEL, Bankruptcy Judge.

The Plaintiff obtained a default judgment against the chapter 7 Debtor (Defendant herein) in a Colorado state court on a fraud claim because the Debtor abandoned defense of the litigation after he lost preliminary dispositive motions. The Plaintiff seeks a determination that the debt is excepted from discharge under 11 U.S.C. § 523(a)(2)(A) due to the Debtor’s alleged fraud. (For convenience, the Court uses the term “fraud” to encompass “false pretenses, false representations, and actual fraud” as those words are used in § 523(a)(2)(A).)

At the trial in…