Legal Opinion

National City Bank v. Plechaty (In Re Plechaty)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided October 7, 1997No. BAP No. 97-8036, Bankruptcy No. 94-14118, Adversary No. 95-1608PublishedCited by 33 opinions

1Opinion of the Court

OPINION

This appeal arises from the bankruptcy court’s judgment determining a debt owed by Appellant Ben L. Plechaty (the “Debtor”) to Appellee National City Bank (“National City”) to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B) (1996). We affirm.

I. ISSUES ON APPEAL

This appeal requires a determination of the following questions:

1) Did National City delay in requiring payment of its demand note?

2) Is such a delay “an extension, renewal, or refinancing of credit” within the meaning of § 523(a)(2)?

3) Did National City rely on the false financial statement in granting the extension?

4)…

2Cases cited38 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. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  4. Dewsnup v. TimmSupreme Court of the United States · 1992
  5. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994

33 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Mellon Bank, N.A. v. Vitanovich (In Re Vitanovich)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
  2. Gibson v. Gibson (In Re Gibson)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  3. Hart v. Molino (In Re Molino)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  4. Steier v. BestCourt of Appeals for the Sixth Circuit · 2004
  5. Cundiff v. Cundiff (In Re Cundiff)Bankruptcy Appellate Panel of the Sixth Circuit · 1998

28 more not listed; retrieve them via the Exa API.

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