Gordon
Gordon v. Mackey (In re Mackey)
Opinion
Lead Opinion
Mund, J.
MEMORANDUM OF DECISION GRANTING JUDGMENT TO DEBTOR/DEFENDANT ROBERTA MACKEY
On July 6, 2015, Roberta Mackey (“Roberta” or the “Debtor”) filed the above chapter 7 bankruptcy petition. At that time there was a pending superior court case brought by Jacquelynn (“Jacquelynn”) and William (“William”) Gordon against Roberta for breach of written contract, fraud and deceit, and financial abuse of elder under Welfare & Institutions Code § 15600 et seq. (“the Superior Court Case”). 1 Relief from stay was granted to proceed to trial and on December 31, 2015 judgment was entered against Roberta for $125,000 of compensatory damages and prejudgment interest of $39,902.62 on the grounds of elder abuse under Welfare & Institutions Code §§ 15610.30 and 15657.5(A) (the “Superior Court Judgment”).
The present adversary proceeding was filed on October 7, 2015 and sought a determination that the debt to the Gordons represented by the Superior Court Judgment would not be discharged under 11 U.S.C. §§ 523 (a)(2)(A) and 523(a)(6). It further objected to the Debtor’s discharge pursuant to 11 U.S.C. §§ 727 (a)(2) and 727(a)(4).