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Legal Opinion

Bayer Employees Federal Credit Union v. Sapp (In Re Sapp)

United States Bankruptcy Court, N.D. West Virginia

Decided March 26, 2007No. Bankruptcy No. 05-6643, Adversary Nos. 06-10, 06-63PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Bayer Employees Federal Credit Union (“Bayer”) filed an adversary complaint against Joseph S. Sapp (the “Debtor”) to except a $21,803 debt 1 from the Debtor’s Chapter 7 discharge, pursuant to 11 U.S.C. § 523(a)(2)(B), on the grounds that the Debtor submitted a materially false loan application to Bayer for the purpose of purchasing a mobile home. Based, in part, on the information contained in the Debt- or’s loan application, Bayer extended the Debtor credit to buy the mobile home, and the Debtor placed the title to the mobile home in his…

2Cases cited26 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  3. In Re Arthur R. Miller and Janet E. Miller, Debtors. Equitable Bank v. Arthur R. Miller, and Janet E. MillerCourt of Appeals for the Eleventh Circuit · 1994
  4. In Re Howard P. Batie, Debtor. Investors Credit Corporation v. Howard P. BatieCourt of Appeals for the Sixth Circuit · 1993
  5. In the Matter of Robert Oneal Bogstad, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985

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3Cited by5 opinions

  1. ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
  2. Alderson FCI FCU v. BurksUnited States Bankruptcy Court, S.D. West Virginia · 2022
  3. First Recovery, LLC v. SandersUnited States Bankruptcy Court, E.D. North Carolina · 2023
  4. Heather Marie BurksUnited States Bankruptcy Court, S.D. West Virginia · 2022
  5. In re: DBMP LLC, Official Committee of Asbestos Personal Injury Claimants, and Sander L. Esserman, in his capacity as Legal Representative for Future Asbestos Claimants, each on behalf of the estate of DBMP LLC v. CertainTeed LLC, CertainTeed Holding Corporation, and Saint-Gobain CorporationUnited States Bankruptcy Court, W.D. North Carolina · 2026

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