California Bank & Trust v. Licursi (In re Licursi)

MEMORANDUM OF OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, OR, ALTERNATIVELY, PARTIAL SUMMARY ADJUDICATION REGARDING NONDISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. § 523

Plaintiff ZB, N.A. dba California Bank & Trust (“Plaintiff’ or “CB & T”) moves for summary judgment against Defendants John and Susan Licursi (“Defendants,” “Debtors,” or the “Licursis” and individually as “John” and “Susan”) in this nondis-chargeability action under Bankruptcy Code §§ 523(a)(2)(A), (a)(2)(B), (a)(4), and (a)(6). CB & T seeks judgment against the Licursis in the amount of $602,652.91 plus attorneys’ fees and costs exceeding $300,000. Alternatively, CB & T requests the Court enter partial summary judgment against Defendants for each of the elements under §§ 523(a)(2), (a)(4), and (a)(6) for which CB & T has established that no genuine issues of material fact exists.

CB & T’s Motion for Summary Judgment:

CB & T and the Licursis agree to the following undisputed facts:

CB & T moves for summary judgment under §§ 523(a)(2)(A) and (B), § 523(a)(4), and § 523(a)(6). Specifically and with respect to Section 523(a)(2)(A), CB & T argues that the following prima facie elements are…