Jadallah

Jadallah v. Carroll (In re Carroll)

Good Law
549 B.R. 375
United States Bankruptcy Court, Northern District of CaliforniaApril 14, 2016Case No. 14-30726 HLB; Adv. Proc. No. 14-3099 HLBCalifornia4,499 words

Opinion

Lead Opinion

Blumenstiel, J.

MEMORANDUM DECISION

I. INTRODUCTION

This adversary, proceeding came before the Court on January 13, 2016 for a bench trial on the complaint of Plaintiff Charles Jadallah against Defendant Regan Carroll. 1 The complaint alleges that Mr. Carroll made certain representations to induce Mr. Jadallah to loan a total of $700,000 2 to the Redland Group, Inc. (“Redland”). The complaint further alleges that Redland “is the alter ego of [Mr. Carroll] and that [Mr. Carroll] controlled [Redland] in such a way that any separateness between [Mr. Carroll] and [Redland] ceased, and that the two are one and the same for purposes of this complaint and otherwise.” Ultimately, the complaint seeks a determination that Mr. Carroll’s alleged liability to Mr. Jadallah is nondischargeable under sections 523(a)(2)(A) and (a)(6) 3 of the Bankruptcy Code.

This memorandum decision constitutes the Court’s findings of fact and conclusions of law as required by Rule 52(a) of the Federal Rules of Civil Procedure, as made applicable to this adversary proceeding by Rule 7052 of the Federal Rules of Bankruptcy Procedure. As explained below, the Court finds that $500,000 of the $700,000 advanced by Mr. Jadallah…

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