§ 523(a)(2)(B)

American Gen. Fin. Servs. v. Johnson (In re Johnson)

Plaintiff creditor filed a complaint to Determine Dischargeability of Debt against defendant debtor, asserting that a loan debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Debtor's gross overstatement of income on loan application resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 27,2010, LexisNexis #1010-115

Callaway Bank v. Ray (In re Ray)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed the bank a debt in the amount of $3,071,599 that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B), (a)(4), and (a)(6). The bank filed a motion for summary judgment.
Ruling: 
Debt was nondischargeable against debtor who falsely represented cattle ownership but not against debtor spouse absent evidence of fraud.
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Consumer case opionion summary, case decided on September 15,2010, LexisNexis #1110-021

Harmon Autoglass Intellectual Prop. LLC v. Leiferman (In re Leiferman)

Chapter 7 debtor sought review of an order of the Bankruptcy Court for the District of Minnesota, which struck his answer as a sanction for discovery abuses, entered a default judgment against him and in favor of appellee creditor in the amount of a judgment debt, and found that debt to be nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Bankruptcy court did not err in striking debtor's answer in nondischargeability proceeding and entering default judgment of nondischargeability.
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Consumer case opionion summary, case decided on April 30,2010, LexisNexis #0710-016

Richards & Sons Constr. Co. v. Odom (In re Odom)

Creditor, which had advanced funds and credit to or on behalf of the individual debtor's wife's corporation, alleged that the debts therefor were nondischargeable due to fraud under 11 U.S.C.S. § 523(a)(2)(B). The issue was whether the creditor reasonably relied on the allegedly false financial information provided by the debtor.
Ruling: 
Debt was dischargeable where creditor could not have reasonably relied on corporation's false financial statement.
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Commercial case opionion summary, case decided on March 08,2010, LexisNexis #0510-087

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

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