Lutz v. Smith (In re Smith)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Plaintiff in the above adversary action seeks a determination that a debt owed to him by debtors/defendants is not dis-chargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and a determination that the amount of the debt is $17,720.22.

Debtors agreed to purchase Lutz Enterprises from plaintiff for the sum of $16,-930.14. Plaintiff turned over operation of the business to debtors before receiving payment of the purchase price when debtors represented that they would make payment from the proceeds of a workman’s compensation award debtor Donald…