§ 523(a)(2)(B)

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.
ABI Membership is required to access the full summary of Farmers Savings Bank v. Kucera (In re Kucera). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of JPMorgan Chase Bank. V. Tamis (In re Tamis). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Tower Credit Inc. v. Touchet (In re Touchet). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Fischer Inv. Capital Inc. v. Cohen (In re Cohen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 09,2007, LexisNexis #1207-029

Ganz v. Rudko (In re Rudko)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). The underlying debt arose from a breach of a lease.
Ruling: 
Debtor's overestimation of income in lease application was made with intent to deceive landlord and resulted in nondischargeable debt.
ABI Membership is required to access the full summary of Ganz v. Rudko (In re Rudko). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 23,2007, LexisNexis #1107-114

Huntington Natl Bank v. Cho (In re Cho)

Plaintiff bank claimed it loaned money to defendant debtor to buy a car. Debtor began monthly installments on the loan in March, 2003. The bank alleged it had a claim against debtor in the amount of $19,149.96 and attorney's fees. The bank filed a complaint, alleging its debt was nondischargeable under 11 U.S.C. § 523(a)(2)(A) (count 1) and (a)(2)(B) (count 2). The bank moved for a default judgment for a second time.
Ruling: 
Auto loan was nondischargeable as debtor provided materially false income information in application.
ABI Membership is required to access the full summary of Huntington Natl Bank v. Cho (In re Cho). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Green Bay Packaging Inc. v. Oscarson (In re Oscarson)

Chapter 7 debtors filed a motion for a directed verdict in an adversary proceeding brought by creditor, which sought a finding that debtors could not discharge a debt owed to creditor pursuant to 11 U.S.C. § 523(a)(2)(B), and that debtor son's discharge should be denied pursuant to 11 U.S.C. § 727(a)(4).
Ruling: 
Creditor's claims against father and son debtors were dischargeable absent proof that debt resulted from reliance on alleged false financial statements.
ABI Membership is required to access the full summary of Green Bay Packaging Inc. v. Oscarson (In re Oscarson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Sunflower Bank N.A. v. Otte (In re Otte)

Adversary plaintiff bank sought to have individual debtor's guaranty obligation be held nondischargeable under 11 U.S.C. § 523(a)(2)(B) for defaulting borrower corporation's loans. The bank claimed that the debtor had fraudulently reported the borrower's inventory. The court previously ruled the debt was not one for fraud or defalcation while acting in a fiduciary capacity that would be excepted from discharge under 11 U.S.C. § 523(a)(4).
Ruling: 
Obligation to bank was not excepted from discharge since bank failed to show an intent to defraud by debtor.
ABI Membership is required to access the full summary of Sunflower Bank N.A. v. Otte (In re Otte). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Robertsons Auto & Truck Inc. v. Novotny (In re Novotny)

A matter to determine dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(B) was before the court for judgment following trial on plaintiff judgment creditor's Complaint to Determine Dischargeability of Debt, and Request for Declaratory Relief. Defendant was the debtor.
Ruling: 
Debt was deemed dischargeable since debtor was not estopped from contesting fraud claim based on state court damages award, and creditor did not establish fraudulent intent.
ABI Membership is required to access the full summary of Robertsons Auto & Truck Inc. v. Novotny (In re Novotny). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

I.H. Miss. Valley Credit Union v. Lindquist (In re Lindquist)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor obtained a loan and a credit card account from the creditor based on materially false statements in credit applications, and thus the debts were not dischargeable under 11 U.S.C. § 523(a)(2)(B). The bankruptcy court conducted a trial.
Ruling: 
Debtor's credit card debt was deemed nondischargeable, but debtor's loan debt was deemed dischargeable since the creditor relied on the debtor's standing as a good customer rather than on any misstatements.
ABI Membership is required to access the full summary of I.H. Miss. Valley Credit Union v. Lindquist (In re Lindquist). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 523(a)(2)(B)