Opinion Summary

Factual and Procedural Background

This matter arises in the Chapter 7 bankruptcy case of debtor Jacklyn L. Walker. The adversary proceeding captioned Morrison Chiropractic, Inc. v. Jacklyn L. Walker, CASE NO. 09-31392 (2), AP NO. 09-3038, was before the United States Bankruptcy Court for the Western District of Kentucky. The court held a trial on November 2, 2009. At that proceeding the court considered statements made by Gary D. Miller, counsel for the Plaintiff (Morrison Chiropractic, Inc.), and by James K. Stayton, counsel for the Defendant. The Defendant, Jacklyn L. Walker, failed to appear at the trial. The court found that there was no evidence presented to rebut the Plaintiff's exhibits and that no objections had been filed. Based on these circumstances, the court entered an order concerning the dischargeability of a debt owed by the Defendant to the Plaintiff.

Legal Issues Presented

Whether the sum of $2,293.00 owed by the Defendant to the Plaintiff is non-dischargeable under 11 U.S.C. § 523a(2)(A).

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court's analysis in this order is concise and fact-driven. The steps of the court's reasoning, taken from the text of the opinion, are as follows:

The court convened a trial on November 2, 2009, and considered oral statements by counsel for both parties.
The Defendant, Jacklyn L. Walker, did not appear at the trial.
The court observed that there was no evidence presented to rebut the Plaintiff's exhibits.
There were no objections filed to the Plaintiff's evidence.
Given the lack of rebuttal evidence and the absence of objections, and being otherwise sufficiently advised, the court determined the legal consequence under the statute cited in the order.

The opinion does not elaborate on the substantive elements of the statutory provision cited or provide additional evidentiary findings beyond the lack of rebuttal and absence of objections.

Holding and Implications

Holding: The court ordered that the sum of $2,293.00 owed by the Defendant to the Plaintiff is found to be non-dischargeable pursuant to 11 U.S.C. § 523a(2)(A), and the Plaintiff is granted judgment against the Defendant in that amount.

Implications: The direct effect of the decision is that the $2,293.00 debt incurred by Jacklyn L. Walker is not discharged in her Chapter 7 proceeding and Morrison Chiropractic, Inc. has a judgment in that amount against her. The opinion does not discuss broader legal consequences or establish new precedent; it resolves the dischargeability of this particular debt based on the record (including the Plaintiff's exhibits and the Defendant's failure to appear and present rebuttal evidence).

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In re: JACKLYN L. WALKER, CHAPTER 7, Debtor(s) MORRISON CHIROPRACTIC, INC. Plaintiff(s) v. JACKLYN L. WALKER Defendant(s).

ORDER

DAVID STOSBERG, Chief Judge

THIS MATTER having come before the Court on November 2, 2009 for Trial. The Court having considered statements of Gary D. Miller, counsel for the Plaintiff, and of James K. Stayton, counsel for the Defendant, and the Defendant, Jacklyn L. Walker, having failed to appear, and there being no evidence to rebut the Plaintiff's Exhibits and no Objections having been filed, and the Court being otherwise sufficiently advised,

IT IS HEREBY ORDERED that the sum of $2,293.00 owed by the Defendant to Plaintiff is found to be non-dischargeable pursuant to 11 U.S.C. § 523a(2)(A) and that the Plaintiff is granted judgment against the Defendant in this amount.

IN RE WALKER