(Bankr. S.D. Ind. April 11, 2016)
The bankruptcy court enters judgment in favor of the debtors in this nondischargeability action under 11 U.S.C. § 523(a)(2), (4), and (6). The debtors signed a guaranty on a debt incurred by their business and secured by equipment. The debtors then left the company, and filed their chapter 7 petition. The creditor was unable to locate the collateral and filed this action. Because the debtors signed the guaranty with the appropriate authority, there was no misrepresentation or fraud in the inducement. There was also no evidence to show a fiduciary relationship between the parties, and there were no facts to support a claim of larceny. There was insufficient evidence to show that the debtors’ failure to maintain knowledge of the location of the collateral constituted a willful and malicious injury. Opinion below.
Debtors: Pro Se
Attorney for Creditor: Lohmeyer Law Offices, Steven S. Lohmeyer
Author: Matt Lindblom