In re Frizzell, Adv. No. 06-1019, 2006 Bankr. LEXIS 2510 (Bankr. N.D. Ga. August 8, 2006)(Drake) – Debtor failed to respond to Requests for Admissions or Motion for Summary Judgment, thus pleadings were deemed unopposed. Debt excepted to discharge pursuant to §523(a)(2) when debtor incurred charges two months before filing and at a time when she was unable to pay basic monthly expenses, spouse was unemployed, and she had already consulted bankruptcy counsel. Debtor also converted collateral, a tort in Georgia, and thus the debt was also nondischargeable pursuant to §523(a)(6).
Transportation Alliance Bank v. Owens, Adv No. 05-1020, 2006 Bankr. LEXIS 2211 (Bankr. N.D. Ga. May 22, 2006)(Drake) – Creditor denied summary judgment in his proceeding to deny debtor’s discharge pursuant to §727(a)(4), (a)(5) and except the debt from discharge pursuant to §523(a)(2)(B). Although the financial statement and loan application submitted to the plaintiff were inaccurate, and inconsistent with the debtor’s schedules, the creditor did not show, for summary judgment purposes, that representations made with intent to deceive, and plaintiff’s representative may have had knowledge of true facts. Testimony of the plaintiff’s general counsel not persuasive because there was no evidence that he was involved in the loan approval process or otherwise had personal knowledge.