§ 523(a)(2)(B)

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

Peoples Trust & Savings Bank v. Hanselman (In re Hanselman)

Plaintiff creditor brought a Complaint to determine dischargeability of debt against defendant debtor. At trial, the creditor limited the scope of its Complaint to seeking a determination of nondischargeability regarding Claim 1-1 pursuant to 11 U.S.C.S. § 523(a)(2)(B). Judgment was pending.
Ruling: 
Debt was dischargeable where creditor's reliance on poorly completed financial statement was not reasonable.
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Consumer case opionion summary, case decided on April 21,2011, LexisNexis #0511-137

Northland Natl Bank v. Lindsey (In re Lindsey)

Appellant creditor bank challenged a decision of the United States Bankruptcy Court for the Western District of Missouri, that held appellee debtor's obligation to the bank was dischargeable under 11 U.S.C.S. § 523(a)(2)(B), because the bank had not relied on representations in the debtor's and his wife's financial statements in extending them credit.
Ruling: 
Bankruptcy court properly held appellee debtor's obligation to the bank was dischargeable because the bank had not relied on representations in the debtor's financial statements in extending credit.
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Consumer case opionion summary, case decided on February 08,2011, LexisNexis #0211-119

Swift Fin. v. Sass (In re Sass)

According to plaintiff bank, it suffered damages of $21,426 as a result of defendant debtor's fraudulent actions relating to a loan application. The bank sought a judgment in that amount as well as a declaration that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as one for money obtained by false pretenses, false representations, and actual fraud. Debtor moved to dismiss the amended complaint under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Debtor's oral telephonic statements respecting financial condition could not be basis for nondischargeability.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-022

Swift Fin. Corp. v. Matera (In re Matera)

Defendant debtor filed a motion for judgment as a matter of law in plaintiff creditor's action, which alleged that debt owed to it by the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Representations in debtor's oral responses into creditor lender's computer database did not constitute a "written statement" and were not grounds for nondischargeability.
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Consumer case opionion summary, case decided on December 08,2010, LexisNexis #0111-123

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

Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination of nondischargeability of a debt resulting from a state court consent judgment based on the language of that judgment. Alternatively, the creditor alleged that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B). The creditor moved for summary judgment, alleging that the consent judgment should be given preclusive effect.
Ruling: 
Consent judgment was dischargeable as it did not acknowledge falsity or intent to deceive.
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Consumer case opionion summary, case decided on November 09,2010, LexisNexis #1210-049

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