Simons and Gales v. Kolwitz, Case No. 07-62870-fra7, Adv. No. 08-6067-fra (May 27, 2010)11 USC §523(a)(2)
After the debtor, Kolwitz, fell behind on a construction project for Simons and Gales, Simons and Gales terminated the project and denied debtor’s request for additional funds to continue the project. They sought to have their claim for damages related to the project excepted from discharge under §523(a)(2). The court held for debtor, because Simons and Gales had not presented evidence that any misrepresentation was material, intentional or made in writing.
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