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Opinion 202

Case Name: 

Wasatch Bank of Lehi v. Hunter (In re Hunter)

Judge: 
U.S. District Court, Utah
Date: 
Sep-4-1986
Case Number(s): 
85PA-0581
Status: 

APPEAL
Unpublished

Body: 

Bank filed an adversary complaint seeking non-dischargeability of its claim against chapter 7 debtors, pursuant to 11 U.S.C. § 523(a)(2)(A). Debtors obtained loan from bank secured by a trust deed on their property, and bank alleged they had intentionally withheld information regarding a zoning violation on the property. The bankruptcy court dismissed the complaint, and bank appealed. The district court agreed with the bankruptcy court's conclusion that bank had failed to establish, by clear and convincing evidence, that debtors obtained the loan by false pretenses, misrepresentation, or actual fraud. Dismissal of bank's complaint was affirmed.

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Opinion 202
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