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Nissan Motor Acceptance Co., LLC v. Timothy W. Bunn, et al. (In re Bunn), Ch. 7, BK22-40994-TLS, A23-4004-TLS (Sept. 9, 2024)

After a trial, the court ruled for the plaintiff on the non-dischargeability of a debt under ยงยง 523(a)(2)(A), (a)(4), and (a)(6). The debt was owed by the debtor and the car dealership he owned and operated, and resulted in part from selling vehicles out of trust and pledging the same collateral to more than one lender. The debt owed by the non-debtor dealership was the full amount of the contract claim arising from the breach of the financing and security agreement and judgment was entered accordingly. Judgment was entered against the debtor only for the portion of the debt attributable to his embezzlement and his fraudulent and willful and malicious conduct, and that amount was excepted from discharge.

Date: 
Monday, September 9, 2024
Judge: 
Judge Thomas L. Saladino