Case Status
2 results
ARCHER, A. ELLIOTT, ET UX. v. WARNER, ARLENE L. (31146)
Order dated: 06/24/02Docket number: 01-1418
Action:
The petition for a writ of certiorari is granted.
ARCHER, A. ELLIOTT, ET UX. v. WARNER, ARLENE L. (31146)
Order dated: 11/04/02Docket number: 01-1418
Action:
participate in oral argument as amicus curiae and for divided argument are granted.
A description of the questions presented by the case has been prepared:
Whether a promissory note given in settlement of pending litigation can constitue a nondischareable debt for money…or an extension, renewal, or refinancing of credit,…obtained by false pretenses, a false representation, or actual fraud, within the meaning of 11 U.S.C 523 (a)(2)(A), where the parties execute a settlement affreement and general release of all claims of fraud or misrepresentation of underlying the litigation and all future claims arising from the same facts, where debtor has neither admitted nor been found to have engaged in fraud or misrepresentation underlying the litigation and all future claims arising from the same facts, where debtor has neither admitted nor been found to have engaged in fraud in connection with the events underlying the litigation, and where the creditor has failed to allege fraud in connection with the procurement of the settlement.
An opinion has been handed down: