Swift Fin. v. Sass (In re Sass)

Debtor's oral telephonic statements respecting financial condition could not be basis for nondischargeability.
Procedural posture: 
According to plaintiff bank, it suffered damages of $21,426 as a result of defendant debtor's fraudulent actions relating to a loan application. The bank sought a judgment in that amount as well as a declaration that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as one for money obtained by false pretenses, false representations, and actual fraud. Debtor moved to dismiss the amended complaint under Fed. R. Civ. P. 12(b)(6).
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-022