- 11 U.S.C.
Doyle v. Weischedel (In re Weischedel)
Sep
27
2013
Ruling
Debt based on debtor's authorized use of creditor's credit card was dischargeable.
Issue(s)
Was debt incurred by debtor's authorized use of creditor's credit card nondischargeable .
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- 11 U.S.C.
Lubbock Natl Bank v. Wallace (In re Wallace)
Sep
26
2013
Ruling
False financial statements rendered debt nondischargeable as against debtor but not against debtor spouse absent evidence of intent to deceive.
Issue(s)
Were false financial statements prepared by debtor, signed by debtor and spouse and relied upon by creditor grounds for denial of discharge .
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- 11 U.S.C.
JTWO LLC v. St. Hilaire (In re St. Hilaire)
Sep
24
2013
Ruling
Business plan was not a statement of financial condition that could lead to nondischargeability.
Issue(s)
Was business plan a statement of financial condition that would result in nondischargeable debt if fraudulent.
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:
- 11 U.S.C.
Toye v. ODonnell (In re ODonnell)
Aug
26
2013
Ruling
Debt was nondischargeable where personal financial statement was made with intent to deceive.
Issue(s)
Was materially false financial statement grounds for nondischargeable debt?
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Judge or Jurisdiction information not available
- 11 U.S.C.
Financial Servs. Vehicle Trust v. Barlaam (In re Barlaam)
Jul
31
2013
Ruling
Car lease debt was nondischargeable due to misrepresentation of income on which creditor relied.
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- 11 U.S.C.
Eldredge v. Crusberg (In re Crusberg)
Jul
17
2013
Ruling
Immaterial discrepancy in cash flow representation to creditor was not grounds for nondischargeability.
Procedural posture
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).
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- 11 U.S.C.
Pazdzierz v. First Am. Title Ins. Co. (In re Pazdzierz)
Jun
10
2013
Ruling
Debt assigned postpetition for consideration was nondischargeable since the debtor's false representation occurred when the debt was incurred.
Procedural posture
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.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Harris Trust & Savings Bank v. Gunsteen (In re Gunsteen)
Feb
08
2013
Ruling
Financial statement listing transferred asset did not render debt nondischargeable where creditor did not establish debtor had made the entry.
Procedural posture
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.
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:
- 11 U.S.C.
Heritage Pac. Fin. LLC v. Machuca (In re Machuca)
Dec
14
2012
Ruling
Award of debtor's attorneys' fees for obtaining summary judgment in nondischargeability proceeding affirmed.
Procedural posture
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).
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lawyers Title Ins. Co. v. Chesson (In re Chesson)
Oct
09
2012
Ruling
Claim under state unfair trade practices law was nondischargeable.
Procedural posture
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).
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