Foreman

Foreman v. Merino

Good Law
United States Bankruptcy Court, Central District of CaliforniaSeptember 25, 20202:18-ap-01460California4,854 words

Opinion

Trial Court Opinion

I. Introduction

On December 27, 2018, Star Rae Foreman (“Foreman”) filed a Complaint for Determination of Dischargeability and Objecting to Debtor’s Discharge [Doc. No. 1] (the “Complaint”) against Thomas Ernesto Merino (“Merino”). Before Merino sought bankruptcy protection, Foreman obtained a judgment against Merino in the amount of $10,114 in the small claims division of the Superior Court of the State of California (the “State Court Judgment”). The State Court Judgment was based upon Merino’s breaches of his obligations as Foreman’s landlord. Foreman alleges that the indebtedness established by the State Court Judgment is non-dischargeable pursuant to § 523(a)(2)(A) and (a)(6). Trial was conducted on July 27, 2020. For the reasons set forth below, the Court finds that Foreman failed to carry her burden of proof with respect to her claims under § 523(a)(2)(A) and (a)(6), and will enter judgment in favor of Merino.

II. Procedural Background

On July 2, 2019, the Court granted in part and denied in part Merino’s motion to dismiss the Complaint.2 The Court dismissed Foreman’s claims under § 727(a)(3) and (a)(4)(A) with prejudice. The Court held that the Complaint’s allegations…

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