In re Freeman (Case No. 10-32105, Adv. No. 11-03019)

The court denied the creditor's motion for summary judgment contending that a certain obligation was nondischargeable under 11 U.S.C. § 523(a)(2)(B).  Although the debtor had listed on his financial statement certain real property that he did not own, the debtor, in his affidavit, testified that he had told the creditor's loan officer that he did not own it, but included the property on his financial statement in compliance with the loan officer's instruction.  The court held that there were material facts in dispute regarding the creditor's reliance, its reasonable reliance and the debtor's intent to deceive concerning the debtor's financial statement.

Wednesday, April 4, 2012