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1st Franklin Financial Corp. v. Sims (In re Sims), AP 12-5460, Doc. #7

Court denied Plaintiff's motion for default judgment seeking a judgment of nondischargeability under Code Section 523(a)(2)(A) because Plaintiff wholly relied on the presumption of fraudulent intent under 523(a)(2)(C) but did not allege sufficient facts--specifically, that the debt was a consumer cash advance under an open end credit plan--to invoke that presumption, and Plaintiff did not allege any other facts to satisfy the elements of fraud.

File: 
Date: 
12/05/2012