Legal Opinion
Bank of Putnam County v. West (In Re West)
United States Bankruptcy Court, M.D. Tennessee
Decided July 21, 1982No. Bankruptcy No. 281-03355, Adv. No. 282-0078PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM 1
KEITH M. LUNDIN, Bankruptcy Judge.
The issue presented is whether an incomplete credit application submitted by the debtor to the bank in February of 1980 should bar the dischargeability of the debt to the bank under 11 U.S.C.A. § 523(a)(2)(B) (West 1979). 2 Because the bank has failed to carry its burden of proof on the intent and reliance components of its cause of action, the Court overrules the objection to dischargeability.
The facts are not substantially in dispute. In February of 1980, the debtor was a sixty-year-old widow working for the Putnam County Board of Education as a…
2Cases cited7 opinions
- Gleason v. ThawSupreme Court of the United States · 1915
- Waterbury Community Federal Credit Union v. Magnusson (In Re Magnusson)United States Bankruptcy Court, N.D. New York · 1981
- Glen McDowell v. John Deere Industrial Equipment Co. And John Deere Company of Lansing, Inc.Court of Appeals for the Sixth Circuit · 1972
- Murfreesboro Production Credit Ass'n v. Harris (In Re Harris)United States Bankruptcy Court, M.D. Tennessee · 1980
- Ohio Grain Co. v. Gentis (In Re Gentis)United States Bankruptcy Court, S.D. Ohio · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
- Bates v. Winfree (In Re Winfree)United States Bankruptcy Court, M.D. Tennessee · 1983
- Merchants National Bank v. Denenberg (In Re Denenberg)United States Bankruptcy Court, D. Massachusetts · 1983
- North Park Credit v. Harmer (In Re Harmer)United States Bankruptcy Court, D. Utah · 1984
- Perino v. Cohen (In Re Cohen)United States Bankruptcy Court, S.D. New York · 1988
6 more not listed; retrieve them via the Exa API.