§ 523(a)(2)(B)

Lubbock Natl Bank v. Wallace (In re Wallace)

Ruling: 
False financial statements rendered debt nondischargeable as against debtor but not against debtor spouse absent evidence of intent to deceive.
ABI Membership is required to access the full summary of Lubbock Natl Bank v. Wallace (In re Wallace). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 26,2013, LexisNexis #1013-118

JTWO LLC v. St. Hilaire (In re St. Hilaire)

Ruling: 
Business plan was not a statement of financial condition that could lead to nondischargeability.
ABI Membership is required to access the full summary of JTWO LLC v. St. Hilaire (In re St. Hilaire). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 24,2013, LexisNexis #1213-016

Toye v. ODonnell (In re ODonnell)

Ruling: 
Debt was nondischargeable where personal financial statement was made with intent to deceive.
ABI Membership is required to access the full summary of Toye v. ODonnell (In re ODonnell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 26,2013, LexisNexis #0913-084

Financial Servs. Vehicle Trust v. Barlaam (In re Barlaam)

Ruling: 
Car lease debt was nondischargeable due to misrepresentation of income on which creditor relied.
ABI Membership is required to access the full summary of Financial Servs. Vehicle Trust v. Barlaam (In re Barlaam). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 31,2013, LexisNexis #0813-086

Eldredge v. Crusberg (In re Crusberg)

Creditor filed an amended complaint against chapter 7 debtor objecting to the discharge of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Immaterial discrepancy in cash flow representation to creditor was not grounds for nondischargeability.
ABI Membership is required to access the full summary of Eldredge v. Crusberg (In re Crusberg). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-018

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.
ABI Membership is required to access the full summary of Pazdzierz v. First Am. Title Ins. Co. (In re Pazdzierz). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Harris Trust & Savings Bank v. Gunsteen (In re Gunsteen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Heritage Pac. Fin. LLC v. Machuca (In re Machuca). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Lawyers Title Ins. Co. v. Chesson (In re Chesson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of First Citizens Natl Bank v. Amanda (In re Trimble). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 24,2012, LexisNexis #0912-123

Pages

Subscribe to § 523(a)(2)(B)