Vien Thao Media v. Thuan Nguyen (In re Thuan Nguyen)

Chapter

MEMORANDUM DECISION AND ORDER AFTER TRIAL

This matter came before the Court for a trial on January 23, 2014. The Plaintiff, Vien Thao Media (hereafter “VTM”), was represented by attorney Alfred Wright. The Defendants, Thuan Nguyen and Hanh Giao Nguyen, who are the Debtors in the underlying bankruptcy case, were represented by attorney Elias Portales.

VTM commenced this adversary proceeding on June 5, 2013. The complaint originally asserted six causes of action, including claims under 11 U.S.C. § 727 , but at trial, VTM clarified that VTM was only proceeding with the fifth cause of action alleging fraud under 11 U.S.C. § 523 (a)(2)(A), and that VTM was only proceeding with this claim against Defendant Thuan Nguyen, and not against Defendant Hanh Giao Nguyen. As a result, the sole claim alleges that Thuan Nguyen fraudulently induced VTM to continue to allow Thuan Nguyen to use air time on VTM’s radio station without intending to pay for such use.

The witnesses at trial were Tron Do (hereafter “Mr. Do”) and Thuan Nguyen (hereafter “Mr. Nguyen”). 1 Having considered the testimony of these witnesses, the evidence offered at trial, 2 and the written and oral arguments of…