Pino v. Jensen (In re Jensen)

Case Type:
Consumer
Case Status:
Affirmed
Citation:
No. CO-18-089, 2019 WL 2403105 (10th Circuit, Jun 07,2019) Not Published
Tag(s):
Ruling:
Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and maliciously injured them.
Procedural context:
The homeowners filed their complaint initiating an adversary proceeding, alleging debtor failed to complete the renovation and addition to the property on time and under budget or provide information when requested. The homeowners sought to hold debtor's alleged debts to them nondischargeable under section 523(a)(2)(A), (a)(4), and (a)(6), all of which require a fraudulent or deceptive intent or intent to cause injury. The bankruptcy court ruled in debtor's favor on all claims against him.
Facts:
Debtor owned a limited partnership. The limited partnership bid on a construction project, and agreed with a family in Denver to remodel and renovate their property. The remodel failed, and the debtor contractor filed for bankruptcy protection.
Judge(s):
Nugent, Cornish, Hall

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