IN RE VIVA

Bankruptcy No. 07-12156. Adversary No. 08-1026.

414 B.R. 301 (2008)

In re Debbie Lynn VIVA, Debtor. Capital One Auto Finance, Plaintiff v. Debbie Lynn Viva, Defendant.

United States Bankruptcy Court, E.D. Tennessee, Southern Division.

September 18, 2008.


Attorney(s) appearing for the Case

Thomas L.N. Knight, Grisham, Knight and Hooper, Chattanooga, TN; for Plaintiff.

Mark T. Young, Mark T. Young & Associates, Hixson, TN, for Defendant.


MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This proceeding is before the court on the plaintiff's complaint seeking a declaration that the obligation owed by the defendant debtor to the plaintiff is nondischargeable under the provisions set forth in 11 U.S.C. § 523(a)(2)(A). Specifically, the plaintiff, Capital One Auto Finance ("Capital One"), contends that the defendant committed fraud against it through the misuse of a blank check financing...

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