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In re John R. Mateyko; ExpressDrop, Inc. v. John R. Mateyko and John R. Mateyko d/b/a EncoreDrop and Matey Corp.

08 B 32684, 09 A 00718

In this adversary proceeding involving the dischargeability of a debt, the court found in favor of the debtor on a count under 11 U.S.C. section 523(a(2)(A) as the plaintiff did not prove that the debt was incurred by a false pretense, a false representation or actual fraud. The court found in favor of the plaintiff under a count seeking an exception to discharge under 11 U.S.C. section 523(a)(6) finding that the debtor acted willfully and maliciously in causing injury to the plaintiff when in violation of a franchise agreement he operated a competing business using the franchisor's software, trademarks, forms, distinctive signs and procedures.

Monday, September 27, 2010