§ 523(a)(2)(B)

Colorado E. Bank & Trust v. McCarthy (In re McCarthy)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that loan debts to the creditor were not dischargeable under 11 U.S.C.S. § 523(a)(2)(B) based on false statements by the debtor in a written financial statement. The debtor asserted a counterclaim alleging that the creditor willfully violated the automatic bankruptcy stay.
Ruling: 
Debt nondischargeable due to debtor's false written financial statements.
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Consumer case opionion summary, case decided on November 30,2009, LexisNexis #0110-053

Alliant Bank v. Baker (In re Baker)

Plaintiff creditor filed a complaint objecting to discharge of defendant debtors' debt to the creditor under 11 U.S.C.S. § 523(a)(2)(B). The matter was pending decision following trial.
Ruling: 
False financial statement on which creditor did not rely in extending loan or refinance did not render debt nondischargeable.
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Consumer case opionion summary, case decided on October 19,2009, LexisNexis #1209-121

Regions Bank v. Whisnant (In re Whisnant)

This adversary proceeding was before the court upon the Complaint for Nondischargeability of Debt filed by plaintiff creditor, requesting a judgment against defendant debtor in the amount of $ 431,637 plus interest, costs, and attorneys' fees, as well as a determination that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Loan debt was nondischargeable due to creditor's reliance on debtor's false financial statements and tax returns.
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Consumer case opionion summary, case decided on August 25,2009, LexisNexis #0909-120

Boyajian v. New Falls Corp. (In re Boyajian)

Appellant creditor filed an adversary complaint against appellee debtors seeking a ruling that the default judgment owed by the debtors based on a claim that they failed to satisfy their obligations under a lease agreement with the creditor's predecessor was nondischargeable, 11 U.S.C.S. § 523(a)(2)(B). The bankruptcy court granted summary judgment for debtors. The bankruptcy appellate panel (BAP) reversed. This appeal followed.
Ruling: 
Assignee could pursue nondischargeability of claim based on debtor's false statements to original creditor.
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Consumer case opionion summary, case decided on May 01,2009, LexisNexis #0609-101

First Midwest Bank-Deerfield Branches v. Beeler (In re Beeler)

Creditor asked the court to conclude its claim against debtors was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B), 523(a)(6). The creditor also asked the court to deny defendant debtors a discharge under 11 U.S.C.S. § 727(a)(2). Before the court was debtors' motion for summary judgment.
Ruling: 
Debt was dischargeable absent evidence of reliance by creditor or tortious conduct by debtor.
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Consumer case opionion summary, case decided on February 10,2009, LexisNexis #0409-117

Morrison v. Western Builders of Amarillo Inc. (In re Morrison)

Appellant debtor sought judicial review of the affirmation by the district court for the Western District of Texas of a bankruptcy court's decision holding him personally liable for a $ 549,773.63 nondischargeable debt pursuant to 11 U.S.C.S. § 523(a)(2)(B). The bankruptcy court found that the debtor personally committed common law fraud in order to obtain a subcontract for his excavation company.
Ruling: 
Nondischargeability based on debtor's provision of fraudulent financial statement to subcontractor affirmed.
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Consumer case opionion summary, case decided on January 16,2009, LexisNexis #0209-100

Farmers Savings Bank v. Kucera (In re Kucera)

Chapter 7 debtors filed a motion to dismiss plaintiff creditor's complaint, which sought to determine the dischargeability of debt owed it by the debtors under 11 U.S.C.S. § 523(a)(2), on the grounds that the complaint was untimely filed pursuant to Fed. R. Bankr. P. 4007(c).
Ruling: 
Dischargeability complaint filed on next business day after expiration of 60-day deadline was timely.
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Consumer case opionion summary, case decided on January 16,2009, LexisNexis #0209-076

JPMorgan Chase Bank. V. Tamis (In re Tamis)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtors'fiduciary defalcation. The bankruptcy court conducted a trial.
Ruling: 
Debt of shareholders and officers who were fiduciaries of corporation was dischargeable absent proof of dereliction.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0209-137

Tower Credit Inc. v. Touchet (In re Touchet)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The creditor should have proceeded under 11 U.S.C.S. §523(a)(2)(B) because the debtor's credit application was in writing. However, the evidence amended the creditor's complaint to include a cause of action under 11 U.S.C.S. §523(a)(2)(B).
Ruling: 
Auto loan debt was nondischargeable due to debtor's misrepresentations during application process.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #0109-078

Fischer Inv. Capital Inc. v. Cohen (In re Cohen)

Appellant lender sought review of a judgment from the District Court for the Northern District of Illinois, which affirmed a bankruptcy court's decision granting summary judgment in favor of appellee debtor with respect to the lender's adversary complaint alleging non- dischargeability of a debt under 11 U.S.C. § 523(a)(2)(B).
Ruling: 
Bankruptcy court properly ruled that accounts receivable list provided to lender was not materially false or intended to deceive and that debt was dischargeable.
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Commercial case opionion summary, case decided on November 09,2007, LexisNexis #1207-029

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