Kelly
Kelly v. J.A.W. Land & Trading LLC
Opinion
Lead Opinion
Curiel, J.
ORDER AFFIRMING BANKRUPTCY DECISION
Pending before the Court is Appellants George T. Kelly and Lori Savoy-Kelly’s (collectively, “Kellys”) appeal of the Bankruptcy Court for the Southern District of California’s (“Bankruptcy Court”) decision regarding the nondisehargeability of the promissory note and subsequent March 24, 2009 modification between the Kellys and J.A.W. Land & Trading, LLC (“JAW”). The Court finds this appeal suitable for disposition without oral argument. See Civ. L.R. 7.1d.l. For the following reasons, the Court AFFIRMS the Bankruptcy Court’s decision.
I. BACKGROUND
This appeal arises from JAW’s action to except its claim against the Kellys *849 from discharge in their Chapter 7 Bankruptcy proceeding pursuant to 11 U.S.C. § 523 (a)(2)(A). The debt arises from a loan made by JAW to the Kellys, whereby JAW claimed, and the Bankruptcy Court determined, that the amount owed under the debt is $652,337.96 (the principal amount of $420,597.13 plus interest and bonus payments) and arose pursuant to a $520,000 Installment Note dated September 29, 2008, (ROA, Dkt No. 5-1 at 20; ROA, Dkt No. 5-2 at 6; “Note”), and a March 2009 Modification to that Installment Note.…