- 11 U.S.C.
First Bank. N. Platte v. Carlson (In re Carlson)
Oct
15
2009
Ruling
State court settlement agreement did not provide grounds for dismissal of dischargeability proceeding.
Procedural posture
Plaintiff bank filed this adversary proceeding to have the debt owed to it excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2) because defendant debtors obtained financing from the bank by providing allegedly false financial statements and borrowing base certificates upon which the bank relied in making its credit decisions. Debtors moved for summary judgment, Fed. R. Civ. P. 56(c). The bank cross-moved for partial summary judgment.
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Court
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