|Title||In re: Antonio M. Flores, Case No. 16-10108-DER Chesapeake Employers Insurance Company v. Flores, Adversary Pro. No. 16-00197|
David E. Rice
In re: Antonio M. Flores, Case No. 16-10108-DER Chesapeake Employers Insurance Company v. Flores, Adversary Pro. No. 16-00197
Counsel for the Debtor: Robert M. Stahl, IV, Esq. Counsel for the Plaintiff: Joseph A. Pulver, Esq.
The plaintiff filed a complaint alleging that the Debtor was liable to Chesapeake Employers Insurance Company (“CEIC”) on a judgment entered against his wife in the amount of $338,776 in addition to punitive damages of $500,000 and that such amounts were excepted from discharge under 11 U.S.C. §523(a)(2). CEIC sought a determination that the Debtor and his wife entered into an oral partnership agreement and as such, the Debtor was liable as a partner or by reason of his direct actions for (i) misrepresentation or fraudulent concealment, (ii) use of a false written statement, or (iii) civil conspiracy. The court found in favor of the Debtor and concluded that there was no partnership (either in fact or by estoppel), that the Debtor was not liable by reason of any of his individual actions, and that the Debtor was not a participant in a civil conspiracy.