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Gary Takuski & Camille Takuski v. Jerry V. Kurtz (In re Kurtz), Ch. 7, BK18-40959, A18-4023-SKH (Mar. 29, 2019)

The court denied summary judgment on a creditor's ยง 523(a)(2)(A) complaint to except a debt from discharge. The evidence, viewed in the light most favorable to the debtor, showed material issues of fact concerning the nature and terms of the agreement between the parties, specifically as to whether it was a land lease or a crop-share agreement, as well as to the amount of the debt owed to the landowner. These factual issues cannot be decided on summary judgment and should be determined at trial.

Friday, March 29, 2019
Judge Shon Hastings