First National Bank of the Black Hills v. Houk (In Re Houk)

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

Donald James Houk, hereinafter Debtor, is in a Chapter 7 bankruptcy. First National Bank of the Black Hills, hereinafter Creditor, filed a dischargeability of debt complaint against Debtor under the provisions of 11 U.S.C. § 523(a)(2)(B). Creditor alleges Debtor obtained a renewal of two promissory notes by submitting a false financial statement.

In a responsive pleading, Debtor alleges: 1) he paid Creditor money which was the inducement to renew the promissory note, 2) the financial statement was prepared by an officer of Creditor after the…