Yankah v. Mack, No. 3:2014cv00610 - Document 17 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 2/5/15. Copy sent: Yes (tdai, )
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Yankah v. Mack Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division LOIS A. YANKAH, Appellant, V. Civil Action No. 3:14-cv-00610-JAG CLIFFORD J. MACK, Appellee. OPINION This matter comes before the Court on appeal from an order of the United States Bankruptcy Court for the Eastern District of Virginia entered on May 16, 2014. The Bankruptcy Court awarded judgment in favor of appellee Clifford J. Mack in an adversary proceeding brought against appellant Lois A. Yankah. Mack sought a declaration that the debts associated with Yankah's tenancy in Mack's condominium in Richmond, Virginia, could not be discharged under 11 U.S.C. § 523(a)(2)(B), because Yankah lied on her rental application. Judge Keith L. Phillips held a trial on the complaint, and on May 16, 2014, ruled in favor of Mack and found the Yankah's debts to Mack dischargeable. Yankah appealed that judgment to this Court. She argues that the Bankruptcy Court wrongly found each of the requirements of § 523(a)(2)(B) met and also wrongly denied her relief for Mack's alleged violations of Rule 26 of the Federal Rules of Civil Procedure. Because the Bankruptcy Court properly found each of the elements of § 523(a)(2)(B) satisfied and Mack committed no violation of Rule 26, the Court affirms the Bankruptcy Court's rulings below. Additionally, the Court denies Yankah's request for sanctions. Dockets.Justia.com
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