Published by the Bankruptcy Law Section of the North Carolina Bar Association (NCBA), through the Section's online "Disclosure Statement" newsletter, the March 2011 article by Kay and J. Marshall Shelton, an attorney with Ivey, McClellan Gatton and Talcott, provides case summaries of nine recent court decisions of the U.S. Bankruptcy Court for the Middle District of North Carolina.
Reviewing In re Thomas, Case No. 10-80835C-7D, Shelton and Kay discuss the court’s reasoning and conclusions.
“The court reasoned that the critical question was whether money or property was ‘obtained’ through fraud, false representation or false pretense, and essentially looked at the conduct and intent of the Defendant,” Shelton and Kay write. “The court came to the conclusion that alleging that a party did not intend to perform a contract at the time the contract was entered is insufficient to support a claim for relief based upon alleged fraud.”
Shelton and Kay also review cases involving Means Testing, “Stay” Issues, Chapter 13 Confirmation Issues, and Exemption Issues.
Click here or on the E-Cast link adjacent to this article to read the complete article by Shelton and Kay.