N. Park Credit v. Harmer (In re Harmer), 61 B.R. 1 (Bankr.D.Utah)
PUBLISHED
Creditor filed an adversary complaint against debtor asserting that a loan was obtained by debtor based on written, materially false, statements regarding his financial condition, and that the debt was therefore non-dischargeable pursuant to 11 U.S.C. § 523(a)(2)(B). After a trial, the court considered three issues, which were whether: (1) financing statements provided by debtor were "materially false," (2) creditor's predecessor "reasonably relied" on the statements, and (3) debtor had submitted the statements with the intent to deceive. The court found that debtor's financial statements were examples of extreme material falsity, that lender had reasonably relied on one of the financial statements in making the loan, and that debtor's uncorroborated denial of intent to deceive was insufficient to overcome the presumption of intent that arose from creditor's evidence on the first two issues. Creditor's claim against debtor was determined to be non-dischargeable.