In re Lovett (Ch. 11 Case No. 14-52614, Adv. No. 15-05034)

The issue addressed in this opinion is whether the Plaintiff, Wells Fargo, has standing to bring an action to deny the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) premised on actual fraud by the Debtor-Defendant in transactions with Wachovia, the predecessor bank in the merger between it and Wells Fargo.  Wells Fargo has standing to bring such an action because Wells Fargo acquired the right to prosecute such a claim by virtue of its merger with Wachovia.

Wednesday, November 2, 2016