IN RE VILLA

No. 00-13293.

261 F.3d 1148 (2001)

In re James Alan VILLA, Debtor. Donald A. Hoffend, Sr., Plaintiff-Appellant, v. James Alan Villa, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 15, 2001.


Attorney(s) appearing for the Case

Joseph W. Allen, Buffalo, NY, Andrew V. Tramont, Jr., Miami, FL, for Plaintiff-Appellant.

Leslie S. Osborne, Furr & Cohen, P.A., Boca Raton, FL, for Defendant-Appellee.

Before ANDERSON, Chief Judge, and FAY and BRIGHT, Circuit Judges.


ANDERSON, Chief Judge:

This appeal arises from the Bankruptcy Court's dismissal of Plaintiff-Appellant Donald Hoffend's complaint, in which Hoffend sought to have a claim arising from alleged securities law violations deemed nondischargeable under the Bankruptcy Code's fraud exception to discharge, 11 U.S.C. § 523(a)(2)(A). In granting the Debtor James Villa's motion to dismiss, the Bankruptcy Court held that, because Hoffend did not allege that Villa committed...

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