Plaintiff moved for summary judgment on its claim that a debt owed by Defendant/Debtor arose from fraud and was nondischargeable under section 523(a)(2).  The only evidence that Plaintiff justifiably relied on the alleged false representations of Defendant was supplied by an affidavit of an officer having no apparent personal knowledge of the transaction.  Motion Denied.  Affiant’s conclusion that bank relied was based on critical facts not in evidence  – that the persons who approved the loan knew what the application stated and would have made a different decision had they known that the application was inaccurate.  The fact that company policy would have prohibited the loan had the loan application been accurate does not show reliance.
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