SE Property Holdings, LLC, as Successor by Merger to Vision Bank v. Jerry D. Gaddy
1. Does a creditor sufficiently state a claim under 11 U.S.C. § 523(a)(2)(A) to except from discharge a debt "for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by . . . actual fraud" where the creditor alleges that the debtor fraudulently transferred assets while receiving post-transfer benefits derived from those assets?
2. Can a creditor to whom the debtor owes an underlying debt state a claim under 11 U.S.C. § 523(a)(2)(A) where the creditor seeks non-discharge "to the extent of [debtor's fraud]" and alleges that after incurring the underlying debt, the debtor engaged in a pattern of fraudulent transfers to hinder, delay, and defraud the creditor?
Does a creditor sufficiently state a claim under 11 U.S.C. § 523(a)(2)(A) to except from discharge a debt for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by actual fraud where the creditor alleges that the debtor fraudulently transferred assets while receiving post-transfer benefits derived from those assets?