Bankr. M.D.N.C.: In re Chesson- Summary Judgment on 11 U.S.C. § 523(a)(2)(B)

Summary: This Adversary Proceeding was brought to determine whether a debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B). Plaintiff sought Summary Judgment, but the bankruptcy court held that there was an insufficient showing, when evidence was considered in the most favorable light for the Debtor, both that the Debtor had the intent to deceive when he signed the affidavit referred to in the complaint and that the Plaintiff's reliance upon the affidavit was reasonable. For a copy of the opinion, please see: Chesson- Summary Judgment on 11 U.S.C. § 523(a)(2)(B).pdf