§ 523(a)(2)(B)

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

Heartland State Bank v. Schlenker (In re Schlenker)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking a determination that two lines of credit obtained by a company, which were personally guaranteed by the debtor, were nondischargeable in the debtor's personal bankruptcy under 11 U.S.C.S. § 523(a)(2)(B). The creditor also sought a determination that certain credit card debt incurred by the debtor on a card issued by the creditor was nondischargeable.
Ruling: 
Second lien of credit obtained when debtor knew business was on verge of collapse was nondischargeable.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-089

Frontier Bank v. Davenport (In re Davenport)

Plaintiff bank sought a judgment that its claim against defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Loan debt was nondischargeable due to debtor's failure to disclose tax liability or guarantees in periodic financial statements.
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Consumer case opionion summary, case decided on June 24,2011, LexisNexis #0711-120

Northwest Bank & Trust Co. v. Edwards (In re Edwards)

This matter was before the court after trial on the sole issue of whether defendant debtors intended to deceive plaintiff creditor on its complaint pursuant to 11 U.S.C.S. § 523(a)(2)(B) seeking a determination of nondischargeability of a debt resulting from a consent judgment entered in state court proceedings against debtors.
Ruling: 
Consent judgment in state court was dischargeable absent proof of debtor's intent to deceive.
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Consumer case opionion summary, case decided on June 10,2011, LexisNexis #0711-014

Southern Heritage Bank v. Hart (In re Hart)

Plaintiff bank sought a determination that the debtor's indebtedness to the bank was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Misrepresentation of business ownership to lender resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on May 20,2011, LexisNexis #0611-052

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