BAP No. 97-8036, Bankruptcy No. 94-14118, Adversary No. 95-1608.

213 B.R. 119 (1997)

In re Ben L. PLECHATY, aka, Bernard L. Plechaty, aka, B.L. Plechaty, Debtor. NATIONAL CITY BANK, Plaintiff-Appellee, v. Ben L. PLECHATY, aka, Bernard L. Plechaty, aka, B.L. Plechaty, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided October 7, 1997.

Attorney(s) appearing for the Case

Kenneth B. Baker, Javitch, Block, Eisen & Rathbone, Argued, Cleveland, OH, Saul Eisen, on Brief, for Defendant-Appellant.

Rosemary T. Milby, Weltman, Weinberg & Reis Co., Argued, Cleveland, OH, Michael S. Tucker, on Brief, for Plaintiff-Appellee.

Before: LUNDIN, RHODES, and WALDRON, Bankruptcy Appellate Panel Judges.


This appeal arises from the bankruptcy court's judgment determining a debt owed by Appellant Ben L. Plechaty (the "Debtor") to Appellee National City Bank ("National City") to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B) (1996). We affirm.


This appeal requires a determination of the following questions:

1) Did National City delay in requiring payment of its demand note? 2) Is such...

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