Barnes
Barnes v. Roberts (In re Roberts)
Opinion
Lead Opinion
Tighe, J.
MEMORANDUM OF DECISION FOLLOWING TRIAL
Michael Barnes (“Barnes”) and California Farm Investors LLC (“CA Farm Investors,” collectively, the “Plaintiffs”) are seeking to except from discharge a principal amount of $825,000 plus interest, attorneys’ fees, and punitive damages, under 11 U.S.C. §§ 523 (a)(2)(A), (a)(4) and (a)(6) against James Roberts, Sr. (“Defendant”) and Deena Roberts 1 (collectively, “Debtors”). The matter has been tried and submitted for decision. 2 As discussed below, the Court finds that the debt is not dischargeable solely under 11 U.S.C. § 523 (a)(2)(A) as to Debtor James Roberts, Sr.
I. PROCEDURAL HISTORY
On July 18, 2012, Debtors filed a voluntary petition for relief under chapter 7 of the bankruptcy code. See Case No. 12-16474-MT. The first meeting of creditors was scheduled and conducted on August 17, 2012.
Plaintiffs timely filed an adversary complaint (the “Complaint”) on October 15, 2012. See Adversary Case No. 12-01371-MT. The Complaint lacked the holographic signature and/or was not accompanied by the required Local Bankruptcy form Electronic Filing Declaration. The Plaintiffs filed an amended complaint correcting this deficiency on October 22,…