Now Updating
In re Paul Cumbess

Summarizing by Kathleen DiSanto

In re S.S. Body Armor Inc.

Summarizing by Thomas Horan

Privitera v. Curran

Citation:
BAP No. MW 15-051
Tag(s):
Ruling:
Order dismissing dischargeability adversary proceeding affirmed.
Procedural context:
Privatera commenced an adversary proceeding seeing to a determination that a debt owed to her by Curran was non-dischargeable per §523(a)(2)(B). Curran filed a motion to dismiss pursuant to Rule 7012(b)(6), and Privatera sought to add a count under 523(a)(2)(A). The bankruptcy court found that the complaint failed to state a claim and that it could not e amended to do so.
Facts:
In November 2007, Privitera made a loan in the amount of $30,000.00 to Curran to support his landscaping business. At the time, Privitera and Curran were in a romantic relationship. In connection with the loan, Privitera’s attorney drafted and the parties executed a written document entitled “Loan Agreement and Promissory Note” (“Loan Agreement”), which consisted of a Loan Agreement, a Promissory Note attached as Exhibit 1.2, and a List of Collateral attached as Exhibit 2.1. In essence, the transaction was not properly documented, and a security agreement was not executed. The bankruptcy court held that the Agreement, Note and List of Collateral did not constitute any false representations or fraud.
Judge(s):
Lamoutte, Deasey (author) and Cary

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

3088 in the system

2979 Summarized

2 Being Processed