IN RE FITZGERALD

Bankruptcy No. 86-01472S, Adv. No. 86-0908S.

73 B.R. 923 (1987)

In re Myrtle FITZGERALD, Debtor. UNITED STATES of America, Plaintiff, v. Myrtle FITZGERALD and Leo Doyle, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

May 27, 1987.


Attorney(s) appearing for the Case

Henry J. Sommer, Philadelphia, Pa., for debtor/defendant.

Virginia Powel, Asst. U.S. Atty., Philadelphia, Pa., for U.S.

Leo F. Doyle, Philadelphia, Pa., trustee/defendant.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION AND PROCEDURAL HISTORY

In this proceeding, we are called upon to determine whether the Government has made out a case that the receipt of an overpayment of Social Security widow's benefits by the Debtor could be declared nondischargeable, as a debt incurred by false pretenses, a false representation, or fraud, per 11 U.S.C. § 523(a)(2)(A). We find that the Government has fallen short...

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