Legal Opinion

Cono v. Wheatley (In Re Wheatley)

United States Bankruptcy Court, W.D. Missouri

Decided August 20, 1993No. 19-04012PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KAREN M. SEE, Bankruptcy Judge.

Plaintiff filed a complaint to determine dischargeability of a debt on a promissory note and security agreement pursuant to 11 U.S.C. § 523(a)(2)(A) for fraud or false representations and § 523(a)(4) for defalcation by a fiduciary. Plaintiff alleged that debtor Mr. Wheatley executed a promissory note and a security agreement covering accounts receivable, but that he did not repay the note or hold accounts receivable to pay the note. The court concludes the debt is dischargeable because plaintiffs evidence showed only a breach of…

2Cases cited13 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  3. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
  4. In the Matter of Michael VAN HORNE. Margaret CASPERS, Appellee, v. Michael VAN HORNE, AppellantCourt of Appeals for the Eighth Circuit · 1987
  5. In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978

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3Cited by6 opinions

  1. First American Title Insurance v. Lett (In Re Lett)United States Bankruptcy Court, W.D. Missouri · 1999
  2. Kuper v. Spar (In Re Spar)United States Bankruptcy Court, S.D. New York · 1994
  3. Universal Card Services v. Pickett (In Re Pickett)United States Bankruptcy Court, W.D. Missouri · 1999
  4. Green Tree Financial Corp. v. Beasley (In Re Beasley)United States Bankruptcy Court, W.D. Missouri · 1996
  5. Crowley v. United States Department of Education (In Re Crowley)United States Bankruptcy Court, W.D. Missouri · 2001

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