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First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. Pontow

Court of Appeals for the First Circuit

Decided April 17, 1997No. 96-1893PublishedCited by 322 opinions

1Opinion of the Court

FRIEDMAN, Circuit Judge.

A bankruptcy court rejected a bank’s attempt to bar the discharge of a bankrupt’s indebtedness to the bank under § 523(a)(2)(B) of the Bankruptcy Code. The bankruptcy court held that the bank had not established two conditions for denying discharge under that provision: that the creditor had reasonably relied upon false information provided by the debtor, and that the debtor had intended to deceive the bank. The district court affirmed, holding that the bankruptcy court’s findings that the bank did not establish reasonable reliance were not clearly erroneous. We affirm.

2Cases cited10 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
  4. In the Matter of Rodney Dale Coston and Billie Katherine Coston, Debtors. Rodney Dale Coston and Billie Katherine Coston v. Bank of MalvernCourt of Appeals for the Fifth Circuit · 1993
  5. In Re OphaugCourt of Appeals for the Eighth Circuit · 1987

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3Cited by322 opinions

  1. In Re: Broadview Lumber Co., Inc.Court of Appeals for the Eighth Circuit · 1997
  2. Chamberlain v. Kula (In Re Kula)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  3. Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997
  4. Haney v. Copeland (In Re Copeland)United States Bankruptcy Court, E.D. Tennessee · 2003
  5. In Re David Allen Hairopoulos, Debtor. United States of America, Acting by and Through the Internal Revenue Service v. David Allen HairopoulosCourt of Appeals for the Eighth Circuit · 1997

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