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Huntington National Bank v. Kyu Tae Cho (In re Kyu Tae Cho), AP 05-6139, Doc. #13

11 U.S.C. sections 523(a)(2)(A) and 523(a)(2)(B); Pursuant to §523(a)(2)(A) and §523(a)(2)(B), Movant requested a non-dischargeable judgment in the amount of $19,149.96, plus interest, costs, and attorney’s fees arguing Debtor obtained credit from the Movant (1) under false pretenses, false representation, and/or actual fraud, and (2) by a statement in writing that was materially false, respecting the Debtor’s financial condition, on which the creditor reasonably relied. With regard to Count I, brought pursuant to 11 U.S.C. section 523(a)(2)(A), Movant’s amended Complaint and accompanying evidence revealed no actual statements or representations made by the Debtor evidencing that Debtor made false statements with requisite fraudulent intent. With regard to Count II, brought pursuant to 11 U.S.C. section 523(a)(2)(B), the amended Complaint sufficiently plead facts with the required specificity to establish a legitimate exception to discharge pursuant to section 523 due to use of a materially false statement in writing that was reasonably relied on by the Movant under section 523(a)(2)(b).

File: 
Date: 
03/22/2007