BancBoston Fin. Co. v. Dunyon (In re Dunyon)
UNPUBLISHED
Bank filed a complaint against debtor seeking non-dischargeability, under 11 U.S.C. § 523(a)(2)(B), of a debt arising from debtor's personal guaranty of a loan that bank had made to a company controlled by debtor. The court denied bank's complaint on the ground that bank had failed to present sufficient evidence to establish the necessary elements of its claims. Although bank had established that the borrower had provided false information to bank with intent to defraud, bank had not sufficiently tied debtor to that false information to establish debtor's intent to defraud. Bank also failed to establish that it had reasonably relied on the false statements in lending money to the borrower.