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Gary Takuski & Camille Takuski v. Jerry V. Kurtz (In re Kurtz), Ch. 7, BK18-40959, A18-4023-SKH (Aug. 12, 2019)

After a trial in this adversary proceeding, the court applied a two-step analysis to determine the validity of a landowner's claim under an oral lease agreement and that a portion of the debt should be excepted from discharge under ยง 523(a)(2)(A). The court found that the debtor made false representations to the landowner regarding his plans to pay the landowner's portion of the crop proceeds. The evidence did not support a finding of actual fraud by the debtor, however, because he "did not engage in deception, trickery or a scheme to deprive" the landowner of the proceeds.

Monday, August 12, 2019
Judge Shon Hastings