§ 523(a)(2)(B)

Pazdzierz v. First Am. Title Ins. Co. (In re Pazdzierz)

Appellee assignee sought review in the United States District Court for the Eastern District of Michigan at Detroit of a bankruptcy court's decision that it could not pursue an action under 11 U.S.C.S. § 523(a)(2)(B) to have appellant debtor's debt declared non-dischargeable. The district court reversed the bankruptcy court, and the debtor sought further review.
Ruling: 
Debt assigned postpetition for consideration was nondischargeable since the debtor's false representation occurred when the debt was incurred.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-015

Harris Trust & Savings Bank v. Gunsteen (In re Gunsteen)

Plaintiff bank sued defendant debtor on a claim that her obligation to the bank on a personal guaranty of a loan made to a business that she co-owned was nondischargeable per 11 U.S.C.S. § 523(a)(2)(B) on the ground that the loan had been obtained or renewed by fraud, false representation, false pretenses, and materially false writings including a 2009 financial statement.
Ruling: 
Financial statement listing transferred asset did not render debt nondischargeable where creditor did not establish debtor had made the entry.
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Consumer case opionion summary, case decided on February 08,2013, LexisNexis #0313-048

Heritage Pac. Fin. LLC v. Machuca (In re Machuca)

Creditor sought review of a decision from the United States Bankruptcy Court for the Northern District of California, which awarded attorneys' fees to appellee debtor under 11 U.S.C.S. § 523(d) after granting summary judgment in favor of the debtor on the creditor's action seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Award of debtor's attorneys' fees for obtaining summary judgment in nondischargeability proceeding affirmed.
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Consumer case opionion summary, case decided on December 14,2012, LexisNexis #0113-115

Lawyers Title Ins. Co. v. Chesson (In re Chesson)

Plaintiff insurer filed a complaint against defendant chapter 7 debtor, alleging a claim based upon common law fraud on the part of the debtor and a claim for unfair and deceptive trade practices under the Unfair and Deceptive Trade Practices Act (UDTPA), N.C. Gen. Stat. § 75-1.1 et seq., and seeking a determination that the damages recoverable pursuant to these claims were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Claim under state unfair trade practices law was nondischargeable.
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Consumer case opionion summary, case decided on October 09,2012, LexisNexis #1112-015

First Citizens Natl Bank v. Amanda (In re Trimble)

Plaintiff creditor objected to the dischargeability of a debt owed by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(B), or in the alternative, pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Deficiency judgment was nondischargeable due to debtor's materially false representation of income on loan application.
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Consumer case opionion summary, case decided on August 24,2012, LexisNexis #0912-123

Tovar v. Heritage Pac. Fin. LLC (In re Tovar)

Debtor challenged an order of the United States Bankruptcy Court for the Central District of California, that entered judgment against him with respect to a nondischargeability claim under 11 U.S.C.S. § 523(a)(2)(B), and in favor of creditor, the holder of a promissory note upon which the debtor had defaulted.
Ruling: 
Holder who purchased note from original lender was entitled to seek declaration of nondischargeability on grounds of fraudulent representations in loan application.
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Consumer case opionion summary, case decided on August 03,2012, LexisNexis #0812-119

Bank of Neb. V. Rose (In re Rose)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor to except a debt from discharge under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Loan debt was nondischargeable due to debtor's inflation of value of assets on statements submitted to bank.
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Consumer case opionion summary, case decided on June 11,2012, LexisNexis #0712-070

J.P. Morgan Chase Bank v. Smith (In re Smith)

Bank filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed the bank a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B). The case was tried to the court.
Ruling: 
Debt owed to successor bank to mortgage holder was nondischargeable due to false statements by debtor in applying for new loan.
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Consumer case opionion summary, case decided on May 08,2012, LexisNexis #0512-125

Country Credit LLC v. Kornegay (In re Kornegay)

Plaintiff creditor filed an adversary proceeding against defendant chapter 13 debtor, seeking a determination that the debtor owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(6) and an award of attorney's fees and costs. The case was tried to the court.
Ruling: 
Debt was nondischargeable due to debtor's failure to disclose dependants or significant debt to hospital.
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Consumer case opionion summary, case decided on March 19,2012, LexisNexis #0412-051

Country Credit LLC v. Johnson (In re Johnson)

Plaintiff creditor filed a complaint against defendant chapter 13 debtor seeking a determination that the indebtedness that she owed to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Debt was dischargeable where creditor could not establish reliance on debtor's alleged false representation.
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Consumer case opionion summary, case decided on March 19,2012, LexisNexis #0412-050

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