In re Olden, No. 11-50599, 2012 Bankr. LEXIS 4861 (Bankr. W.D. Tex. Oct. 16, 2012)

(plaintiffs purchased a house from Chapter 7 debtors; sellers disclosure provided as well as house inspection; plaintiffs later had drainage problems and plaintiffs claim debtors knew of the problem but failed to disclose; plaintiffs claim fraud in the house sale, for which damages would not be dischargeable in bankruptcy; court held no evidence presented of any knowledge of or intent to commit fraud in completing the seller disclosure form; plaintiffs also sought rescission of the sales contract; court held plaintiffs failed to prove damages and rescission would deliver a windfall to plaintiffs; based on lack of proof of fraud or damages, court dismissed plaintiffs other claims as well).