Legal Opinion
Unit No. 1 Federal Credit Union v. Walker (In re Walker)
United States Bankruptcy Court, W.D. New York
Decided April 10, 1995No. Bankruptcy No. 94-10117 K; Adv. No. 94-1082 KPublishedCited by 2 opinions
1Opinion of the Court
DECISION AFTER TRIAL
MICHAEL J. KAPLAN, Chief Judge.
This is a dischargeability proceeding under 11 U.S.C. § 523(a)(2)(B), which has been fully tried to the Court and submitted for decision. The following constitutes the Court’s findings of fact and conclusions of law as required by Fed.R.Civ.P. 52. The Court finds that the Plaintiff has failed to carry its burden of proving that the Debtor signed an incomplete loan application with “intent to deceive,” despite his recklessly not having read it.
Facts
The facts of this case are simple. The Debtor had an ongoing relationship with the credit union…
2Cases cited5 opinions
- Hudson Valley Water Resources, Inc. v. Boice (In Re Boice)United States Bankruptcy Court, S.D. New York · 1992
- Massey-Ferguson Credit Corp. v. Archer (In Re Archer)United States Bankruptcy Court, M.D. Georgia · 1985
- Buffalo Fire Department Federal Credit Union v. Butski (In Re Butski)United States Bankruptcy Court, W.D. New York · 1993
- American Credit Services, Inc. v. Kabel (In Re Kabel)United States Bankruptcy Court, W.D. New York · 1992
- Security Federal Credit Union v. Carter (In Re Carter)United States Bankruptcy Court, E.D. Michigan · 1987
3Cited by2 opinions
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