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Beach Community Bank v. Zahos, (In re Zahos), BK 13-67503, AP 14-5023, Doc #28

Creditor Beach Community Bank (Beach) sought a determination that its claim for a commercial mortgage deficiency judgment against Debtor was nondischargeable as money obtained by false financial statements under 11 U.S.C. § 523(a)(2)(B). Beach moved for summary judgment, and Debtor failed to respond to its motion. Further, Debtor did not contest that she signed several documents in connection with the loan which contained false information, including a fictitious income figure in Debtor’s own handwriting. While the record contained evidence that Debtor may not have known what she was signing, Beach contended that Debtor’s signing of the documents without reviewing them for truthfulness was reckless indifference that met the requisite intent standard under section 523(a)(2)(B). The Court held that Debtor’s reckless indifference as to the truth of the documents, coupled with Debtor’s handwritten, overstated income, was sufficient for a finding of intent to deceive. Accordingly, the Court found the debt nondischargeable and did not reach Beach’s other claim for actual fraud under 11 U.S.C. § 523(a)(2)(A).

Date: 
02/03/2015