Legal Opinion

Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Kimberly (In Re Kimberly)

United States Bankruptcy Court, S.D. Florida.

Decided July 28, 1981No. 19-12860PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

This complaint seeks a determination that plaintiff’s claim of $28,319.66 is nondis-chargeable under 11 U.S.C. § 523(a)(2)(B). The debtor answered and the matter was tried on July 21.

The plaintiff-brokers extended credit to the debtor in December, 1979 in the form of a margin account which let the debtor trade in stock options. Before the account was opened, the debtor was required to complete a standard application labeled “Option Information”. This application elicits the prospective customer’s earnings and net worth. The form dated…

2Cited by11 opinions

  1. In Re CoughlinBankruptcy Appellate Panel of the First Circuit · 1983
  2. Massey-Ferguson Credit Corp. v. Archer (In Re Archer)United States Bankruptcy Court, M.D. Georgia · 1985
  3. Lincoln First Bank, N.A. v. Vairo (In Re Vairo)United States Bankruptcy Court, S.D. New York · 1984
  4. Bank of Commerce v. Ebbin (In Re Ebbin)United States Bankruptcy Court, S.D. New York · 1983
  5. Citizens National Bank v. Vandergrift (In Re Vandergrift)United States Bankruptcy Court, D. Maryland · 1983

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