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First Nat'l Bank of Omaha v. Kristi A. Brummer (In re Brummer), Ch. 7, BK06-80466, A06-8091 (June 14. 2007)

The court denied a creditor’s motion for summary judgment in an adversary proceeding seeking to except a debt from discharge under § 523(a)(2)(B). The creditor asserted the debtor intentionally overstated her income when she applied for and obtained a personal loan. The debtor argued that the amount in the loan application was what she reasonably expected to earn based on previous years’ income. The court held that genuine issues of material fact existed as to whether the debtor intentionally overstated her income, whether she knowingly included her business income with her personal income, whether she intended to deceive the creditor, and whether the creditor reasonably relied on her representations concerning her income.

Date: 
Thursday, June 14, 2007
Judge: 
Judge Thomas L. Saladino