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Legal Opinion

Federal Deposit Insurance v. Barrick (In re Barrick)

United States Bankruptcy Court, N.D. Illinois

Decided September 24, 2014No. Bankruptcy No. 12 B 02646; Adversary No. 12 A 01280PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

DONALD R. CASSLING, Bankruptcy Judge.

The decision in this adversary proceeding turns on the failure of both parties to meet their respective burdens of proof.

In Counts I and II of the complaint, the Plaintiff, Federal Deposit Insurance Corporation, acting as receiver of a failed bank, seeks a finding of nondischargeability under 11 U.S.C. § 523(a)(2)(B) and (a)(4). The Plaintiff argues that the Debt- or obtained a loan from the bank by means of a materially false loan application, prepared with the requisite fraudulent intent under § 523(a)(2)(B), and that the Debtor *456committe…

2Cases cited17 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In the Matter of Richard C. Scarlata, Debtor. Goldberg Securities, Inc. v. Richard C. Scarlata, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1993
  3. In the Matter of Malen A. Juzwiak, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1996
  4. In the Matter of Robert Sheridan, Debtor-Appellee. Appeal of City National Bank of FloridaCourt of Appeals for the Seventh Circuit · 1995
  5. Village of San Jose, a Municipal Corporation v. Daniel L. McWilliams and Ida M. McWilliams Debtors-AppelleesCourt of Appeals for the Seventh Circuit · 2002

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3Cited by7 opinions

  1. Kontos v. Manevska (In re Manevska)United States Bankruptcy Court, N.D. Illinois · 2018
  2. Muhammad v. Reed (In re Reed)United States Bankruptcy Court, N.D. Illinois · 2015
  3. Summit Credit Union v. Goldbeck (In re Goldbeck)United States Bankruptcy Court, W.D. Wisconsin · 2018
  4. Schaul v. Ludwig (In re Ludwig)United States Bankruptcy Court, N.D. Illinois · 2015
  5. In re: Antoinette D. Davis v. The Illinois Department of Employment SecurityUnited States Bankruptcy Court, N.D. Illinois · 2025

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