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Opinion 547

Case Name: 

Cyprus Credit Union v. Dehlin (In re Dehlin)

Judge: 
Judge Mosier
Date: 
Mar-31-2011
Case Number(s): 
09-2176
Status: 

PUBLISHED

Body: 

In deciding the dischargeability of a debt arising from a "stated income loan" under 11 U.S.C. § 523(a)(2)(B), the Court found that the evidence presented confirmed the Debtors' statements that their income listed on the loan application was correct and the creditor failed to carry its burden of proof. Further, an inadvertent mistake on a confusing form was not sufficient to prove the Debtors had an intent to deceive the creditor. Finally, a debtor's representation cannot be the sole basis upon which a creditor can reasonably rely because a creditor has a duty to ensure some basis exists for relying upon the debtor's representations. Self-developed procedures that excuse reasonable reliance cannot insulate a creditor's claim from discharge.

Internal Ref: 
Opinion 547
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