- 11 U.S.C.
IndyMac Bank F.S.B. v. Mitchell (In re Mitchell)
Aug
16
2005
Ruling
Summary judgment was denied to a creditor claiming loan obligation nondischargeability since the creditor presented insufficient evidence regarding alleged false statements in the loan application and reliance on these statements.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor, claiming that the debtor's obligation under a construction loan entered into between the debtor and the creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(2)(B), or (a)(6). The creditor filed a motion for summary judgment on all claims.
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Court
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