Cornwell Quality Tools v. Rodgers (In re Rodgers)

Good Law
115 B.R. 678·1990 Bankr. LEXIS 1400·24 Collier Bankr. Cas. 2d 33
United States Bankruptcy Court, Central District of CaliforniaJune 27, 1990Bankruptcy No. SA 89-02060 JR; Adv. No. SA 89-0670 JRCalifornia2,605 words

Opinion

Lead Opinion

Ryan, J.

MEMORANDUM OPINION

Plaintiff Cornwell Quality Tools (“Corn-well”) filed a complaint objecting to dis-chargeability of debts under 11 U.S.C. § 523 (a)(2)(A) and (B) (the “Complaint”). The Complaint alleges that debtor, Joseph L. Rodgers (“Rodgers” or “debtor”), used a false financial statement in order to become a dealer for Cornwell. The Complaint further alleges that Rodgers committed “actual fraud” by ordering tools within a six-week period with no intention of paying. I heard this adversary proceeding on March 27, 1990 and took the matter under submission.

JURISDICTION

This court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1334 (a) (the district courts shall have original and exclusive jurisdiction of all cases under Title 11), 28 U.S.C. § 157 (a) (authorizing the district courts to refer all Title 11 cases and proceedings to the bankruptcy judges for the district) and General Order No. 266, dated October 9, 1984 (referring all Title 11 eases and proceedings to the bankruptcy judges for the Central District of California). This matter is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(I).

STATEMENT OF FACTS

Cornwell is a supplier of small…

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