Ball v. McDowell (In Re McDowell)

OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND EXCEPTING DEBT FROM DISCHARGE

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court upon John Ball, Guardian of the Estate of Joseph Bris-boy’s motion for summary judgment on his complaint (the “Complaint”) to except the debt of Gregory McDowell (“Debtor”) from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6). The Court finds that Bris-boy’s motion is well taken and should be granted.

FACTS

Debtor filed his petition under chapter 7 of title 11 on March 15, 1993.

The Estate of Joseph Brisboy (“Brisboy”) brought…