Legal Opinion
First National Bank Dayton v. Breen (In Re Breen)
United States Bankruptcy Court, S.D. Ohio
Decided September 11, 1981No. Bankruptcy No. 3-80-03601, Adv. No. 3-81-0001PublishedCited by 35 opinions
1Opinion of the Court
DECISION FINDING DEBT DISCHARGEABLE
ELLIS W. KERR, Bankruptcy Judge.
THE PLEADINGS
The Complaint of the Plaintiff, The First National Bank, Dayton, Ohio (Bank) alleged, among other things that the Defendants, the Debtors (Breens) executed a note October 19, 1980, payable to the Bank and secured by a mortgage on real estate; that after default the Bank obtained a judgment; that the Bank would not have made the loan but for representations made in a financial statement that were and known to be false. Prayer is to determine non-dis-chargeability of debt and for judgment for $20,556.53 plus…
2Cases cited3 opinions
- Morimura, Arai & Co. v. TabackSupreme Court of the United States · 1929
- Seaboard Finance Co. v. BarnesMichigan Supreme Court · 1967
- Federal Finance Co. v. MerkelWashington Supreme Court · 1964
3Cited by35 opinions
- National Bank of North America v. Newmark (In Re Newmark)United States Bankruptcy Court, E.D. New York · 1982
- Matter of EspositoUnited States Bankruptcy Court, S.D. New York · 1984
- Webster City Production Credit Ass'n v. Simpson (In Re Simpson)United States Bankruptcy Court, N.D. Iowa · 1983
- Household Finance Corp. v. Howard (In Re Howard)United States Bankruptcy Court, N.D. Indiana · 1987
- Telco Leasing, Inc. v. Patch (In Re Patch)District Court, D. Maryland · 1982
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