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

Auto loan debt was nondischargeable due to debtor's misrepresentations during application process.
Procedural posture: 
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).
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #0109-078