Money promise in a settlement contract


Case Problem:

Leonard and Arlene Warner sold the Warner Manufacturing Company to Elliott and Carol Archer for $610,000. A few months later the Archers sued the Warners in a state court for fraud connected with the sale. The parties settled the lawsuit for $300,000. The Warners paid the Archers $200,000 and executed a promissory note for the remaining $100,000. After the Warners failed to make the first payment on the $100,000 promissory note, the Archers sued for the payment in state court. The Warners then filed for bankruptcy under of the Bankruptcy Code. The Archers asked the bankruptcy court to find the $100,000 debt nondischargeable arguing that the promissory note debt was nondischargeable because it was for ‘‘money obtained by fraud.’’ Arlene Warner argued that the $100,000 debt was dischargeable in bankruptcy because it was a new debt for money promised in a settlement contract and that it was not a debt for money obtained by fraud. Explain whether the debt is dischargeable in bankruptcy.

Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.

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Business Law and Ethics: Money promise in a settlement contract
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