Aguirre v. Cambiano

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
MARCIA CAMBIANO, No. 04-12051
Debtor(s).
______________________________________/
JORGE AGUIRRE,
Plaintiff(s),
v. A.P. No. 04-1126
MARCIA CAMBIANO,
Defendant(s).
_______________________________________/
Memorandum of Decision
_________________
Plaintiff Jorge Aguirre and defendant Marcia Cambiano had a romantic relationship and had a
child together, but are now estranged. While they were on better terms, they consolidated Cambiano’s
credit card debt into Aguirre’s name and purchased a vehicle which was registered to Cambiano. In this
adversary proceeding, Aguirre argues that Cambiano used fraud to get him to agree to these arrangements
so that she owes him a nondischargeable debt pursuant to § 523(a)(2) of the Bankruptcy Code.
There is scant evidence as to the terms of the oral agreements Aguirre says Cambiano breached,
Entered on Docket
December 05, 2005
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 04-01126 Doc# 12 Filed: 12/01/05 Entered: 12/05/05 14:45:02 Page 1 of 3

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and no evidence at all that Cambiano ever intended to defraud Aguirre. The evidence is consistent only
with two people who once cared for each other but no longer have the same feelings. Aguirre has
completely failed to meet his burden of demonstrating fraud.
The court abstains from determining the ownership of the vehicle, as that issue is not necessary to
a determination of dischargeability and Cambiano claims no interest in the vehicle. If the parties cannot
figure out how to remove Cambiano from title the issue may be litigated in state court so long as no
monetary recovery is sought against Cambiano.
For the foregoing reasons, Aguirre shall take nothing by his complaint which will be dismissed,
with prejudice. Cambiano shall recover any costs of suit.
Dated: December 5, 2005
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 04-01126 Doc# 12 Filed: 12/01/05 Entered: 12/05/05 14:45:02 Page 2 of 3

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CERTIFICATE OF MAILING
The undersigned deputy clerk of the United States Bankruptcy Court for the Northern District of
California hereby certifies that a copy of the attached document was mailed to all parties listed below
as required by the Bankruptcy Code and Rules of Bankruptcy Procedure.
Dated: Dec 5, 2005
Jorge Aguirre
1788 Ralston Avenue
Richmond, CA 94805
Case: 04-01126 Doc# 12 Filed: 12/01/05 Entered: 12/05/05 14:45:02 Page 3 of 3