§ 523(a)(2)(B)

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

Hawthorne Credit Union v. Quick (In re Quick)

Credit union filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B). The credit union filed a motion for summary judgment.
Ruling: 
Loan debt was nondischargeable due to debtor's admittedly false loan application.
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Consumer case opionion summary, case decided on January 27,2012, LexisNexis #0212-119

Samuel J. Temperato Revocable Trust v. Unterreiner (In re Unterreiner)

This was an appeal by defendant debtors from an order and judgment of the U.S. Bankruptcy Court for the Eastern District of Missouri granting summary judgment on plaintiff trust's complaint to determine dischargeability pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Bankruptcy court erred in granting motion for summary judgment in nondischargeability proceeding where creditor did not establish statutory requirements.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-046

Sampson Lumber Co. Inc. v. Tucci (In re Tucci)

Creditor filed a complaint against debtors, seeking to establish the nondischargeability of a judgment awarded against debtor pursuant to 11 U.S.C.S. § 523(a), Debtor husband moved for summary judgment, Fed. R. Civ. P. 56.
Ruling: 
Statement of ownership was not a representation of financial condition that could be a basis for nondischargeability if false.
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Consumer case opionion summary, case decided on November 15,2011, LexisNexis #1211-084

Bank Iowa v. Villalobos (In re Villalobos)

Plaintiff bank filed this adversary proceeding pursuant to 11 U.S.C.S. § 523(a)(2) to contest the dischargeability of obligations owing to it by defendant debtor which arose under his personal guaranties of business debts. The matter was pending the court's decision following trial.
Ruling: 
Alleged misrepresentations were not grounds for nondischargeability given creditor's knowledge of debtor's guarantees and debtor's lack of intent to deceive.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-085

Housing Auth. of St. Louis County v. White (In re White)

Plaintiff, a county housing authority, sought a determination that a debt owed by defendant, a Chapter 7 debtor, for excess rental assistance was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(B). The housing authority filed a motion for summary judgment.
Ruling: 
Debt owed for excess rental assistance was excepted from discharge.
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Consumer case opionion summary, case decided on October 03,2011, LexisNexis #1111-014

North Alabama Bank v. Brooks (In re Brooks)

Plaintiff creditor sought a determination that debt owed it by defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
False joint financial statement by debtor and nondebtor spouse was properly relied upon by creditor resulting in nondischargeable debt.
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Consumer case opionion summary, case decided on September 19,2011, LexisNexis #1011-088

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