# In Re June L. Rountree, Debtor. Pamela C. Nunnery, and Keith Nunnery v. June L. Rountree

> Court of Appeals for the Fourth Circuit · February 27, 2007 · 478 F.3d 215

URL: https://www.frixlaw.com/law-library/cases/9499495

## Case

- **Full name:** In Re June L. ROUNTREE, Debtor. Pamela C. Nunnery, Plaintiff-Appellant, and Keith Nunnery, Plaintiff, v. June L. Rountree, Defendant-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** February 27, 2007
- **Citations:** 478 F.3d 215; 2007 U.S. App. LEXIS 4258; 2007 WL 586568
- **Precedential status:** Published
- **Opinion:** Concurrence by Motz
- **Judges:** Wilkinson, Motz, Gregory
- **Cited by:** 115 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9499495

## How later opinions describe it (automated extraction)

- concluding that § 523(a)(2)(A) of the Bankruptcy Code “is not ... the appropriate exception to discharge in bankruptcy for Nunnery’s judgment claim against Roun-tree” and affirming the final order of the United States District Court for the Eastern District of Virginia, which …
- holding that section 523(a)(2)(A) requires that a debtor fraudulently obtain money, property, services or credit from the creditor; a debt arising from fraud that results in a debt to the creditor without evidence that the debtor obtained something is not sufficient to meet th…
- holding that “[a] plain reading of this subsection demonstrates that Congress excepted from discharge not simply any debt incurred as a result of fraud but only debts in which the debtor used fraudulent means to obtain money, property, services, or credit.”
- finding that “[a] plain reading of [§ 523(a)(2)(A) ] demonstrates that Congress excepted from discharge not simply any debt incurred as a result of fraud but only debts in which the debtor used fraudulent means to obtain money. ...”
- holding that a fraud judgment was dischargeable where it was undisputed that the debtor “obtained nothing directly or indirectly” as a result of the fraud

## Opinion text

DIANA GRIBBON MOTZ,
concurring in the judgment:
For the following reasons, I agree with my colleagues that 11 U.S.C. § 523 (a)(2)(A) (2000) does not render Rountree’s debt to Nunnery nondischarga-ble.
Section 523(a)(2)(A) provides that the bankruptcy code “does not discharge an individual debtor from any debt — ... for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by- — false pretenses, a false representation, or actual fraud” (emphasis added). The statute does not render Rountree’s debt to Nunnery non-dischargable because Nunnery has not demonstrated that the debt was “obtained by” fraud.
To be sure, Rountree apparently made misrepresentations in Nunnery’s tort suit. But, as the district court noted, it “is impossible to determine with any degree of certainty” that Nunnery would have won the tort case absent Rountree’s misrepresentations. Although Nunnery later obtained an award against Rountree for emotional damages to her resulting from Rountree’s misrepresentations, Nunnery never claimed, let alone proved, that she lost the tort action because of Rountree’s fraud. Thus, Nunnery has not met the § 523(a)(2)(A) requirement that “the debt- or’s fraud must result in a loss of property to the creditor.” Collier on Bankruptcy, ¶ 523.08[l][a] (15th ed., rev.2004).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9499495. Public record. Not legal advice.