Case Summary:
Plaintiff creditor contracted with Defendant’s business entity to install solar panels for his residence. Plaintiff made a $7,200 down payment for the installations. However, the solar panels were not installed as promised and the Plaintiff did not receive a refund. Plaintiff motioned for summary judgment on his claims. The Court took judicial notice of its own prior litigation during the United States Trustee’s trial denying the Defendant a discharge under 11 U.S.C. §§ 727(a)(3) and (a)(5) in September 2019. Here, the Court determined there was no genuine dispute as to any material fact that the debt owed to the Plaintiff was exempted from discharge under sections 523(a)(2)(A) and 523(a)(6). The facts and evidence of this case resembled the Defendant’s troubling business practices established through the United States Trustee’s trial. Plaintiff’s Motion for Summary Judgment was granted.

Statute/Rule References:
11 U.S.C. § 523(a)(2)(A) -- Nondischargeability - False Pretenses, False Representation, or Fraud
11 U.S.C. § 523(a)(2)(B) -- Use of a Statement in Writing
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
Fed. R. Bankr. P. 7056 -- Summary Judgment
Fed. R. Civ. P. 8(b) -- General Rules of Pleading - Defenses; Admissions and Denials
Fed. R. Civ. P. 56(a) -- Summary Judgment

Key Terms:
Judicial Notice
Nondischargeable Debt
Summary Judgment