Yankah v. Mack

Filing 17

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 2/5/15. Copy sent: Yes (tdai, )

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.