§ 523(a)(2)

In re Bakker

Defendant debtors, a husband and a wife, sought to discharge debt owed to plaintiff supplier. The supplier challenged the dischargeability of debt under 11 U.S.C. §§ 523(a)(2), 727(a)(4)(A), (a)(4)(C), (a)(5) and (a)(7).
Ruling: 
Debt owed to a supplier was dischargeable since the supplier had failed to show fraud by the debtors.
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Hydro Partners LLC v. Gilberti (In re Gilberti)

Plaintiff creditor sued defendant debtor. Count I alleged that the debtor was not entitled to discharge pursuant to 11 U.S.C. § 727(a)(4). Count II alleged that the debtor was not entitled to a discharge pursuant to 11 U.S.C. § 727(a)(2)(B). Count III asserted that the debt was excepted from discharge pursuant to 11 U.S.C. § 523(a)(2). The creditor moved for summary judgment. The debtor cross-moved for summary judgment on Count I.
Ruling: 
Debt was deemed nondischargeable since state court judgment satisfied elements of section 523(a)(2).
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R&L Dist. Inc. v. MacPherson (In re MacPherson)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that the debt owed to him, which resulted from a personal guarantee of debts owed by corporations owned or controlled by the debtor, was nondischargeable pursuant to 11 U.S.C. § 523(a)(2), (a)(4) and (a)(6). The parties filed cross-motions for summary judgment only as to the section 523(a)(2) claim.
Ruling: 
Court deemed debt dischargeable since creditor did not establish causal connection between debtor's personal guarantee of debt and alleged false representation.
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Jaffe v. Dawson (In re Dawson)

Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a determination that the debt owed to him was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The creditor moved for summary judgment based on collateral estoppel.
Ruling: 
Debt was deemed nondischargeable since the creditor met the creditor's burden of showing that a state court judgment was preclusive on the dischargeability issue.
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Cit GroupSales Fin. Inc. v. Kim (In re Kim)

Plaintiff creditor, which financed defendant debtor's purchase of a motor home based upon debtor's misrepresentations as to the purchase transaction, sought an order of nondischargeability of the purchase debt under either 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), or (a)(6). The creditor moved for summary judgment.
Ruling: 
Debt was deemed nondischargeable where a debtor made misrepresentations to secure financing and the creditor justifiably relied on these representations.
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IndyMac Bank F.S.B. v. Mitchell (In re Mitchell)

Plaintiff creditor filed an adversary proceeding against defendant debtor, claiming that the debtor's obligation under a construction loan entered into between the debtor and the creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A), or (a)(2)(B), or (a)(6). The creditor filed a motion for summary judgment on all claims.
Ruling: 
Summary judgment was denied to a creditor claiming loan obligation nondischargeability since the creditor presented insufficient evidence regarding alleged false statements in the loan application and reliance on these statements.
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Citibank (South Dakota) N.A. v. Han (In re Han)

Plaintiff credit card company filed an adversary proceeding against defendant debtor alleging that the debtor's obligation to the credit card company was not dischargeable under 11 U.S.C. § 523(a)(2)(A). After filing an amended complaint, the credit card company filed a renewed motion for a default judgment.
Ruling: 
Portion of debtor's credit card debt was deemed nondischargeable due to debtor's fraud.
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Guaranty Residential Lending Inc. v. Koep (In re Koep)

Plaintiff creditor filed a complaint against defendant debtor seeking a determination that certain debts allegedly owed to it by the debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(2). The creditor filed a motion for partial summary judgment
Ruling: 
Creditor was denied partial summary judgment regarding nondischargeablity issue despite debtor misrepresentations because the creditor failed to demonstrate justifiable or reasonable reliance on the misrepresentations.
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Cote v. Catherman (In re Catherman)

Plaintiff creditor filed a complaint to determine the dischargeability of a debt owed by defendant debtor. The creditor brought this suit pursuant to the statutory exception to discharge under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Creditor failed to establish that debtor intentionally misrepresented the purpose of a loan and thus loan debt was deemed dischargeable.
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Lucas v. Lyle (In re Lyle)

Plaintiff creditors, owners of a residence, brought an adversary proceeding against defendant bankruptcy debtor, a contractor, alleging that a debt to the owners for the contractor's defective work was nondischargeable under 11 U.S.C. § 523(a)(2)(A) based on the contractor's misrepresentation that the contractor was licensed. The bankruptcy court reconsidered the owners'claim upon remand from the district court.
Ruling: 
Debt for unlicensed contractor debtor's damage to a residence from defective work was deemed dischargeable since the debtor did not misrepresent that the debtor was unlicensed.
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