You are here

Opinion 192

Case Name: 

John Deere Co. v. Iverson (In re Iverson), 66 B.R. 219 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Jun-20-1986
Case Number(s): 
83PC-3128
Status: 

PUBLISHED

Body: 

Plaintiffs argued that their claim, based on sales of farm equipment to debtor on credit, was non-dischargeable under 11 U.S.C. § 523(a)(2)(B) because debtor had provided false financial statements to them. The court found that debtor had intentionally or recklessly made false representations in four financial statements provided to plaintiffs in order to obtain equipment on credit, and that the false statements were intended to deceive plaintiffs. However, plaintiffs' failure to conduct any investigation, despite numerous warning signals contained in the financial statements themselves, resulted in a finding that plaintiffs had not reasonably relied on debtor's financial statements to provide debtor with financing. Plaintiffs' claim was therefore dischargeable.

Internal Ref: 
Opinion 192
File: