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FIRST NAT. BANK OF OLATHE, KANSAS v. PONTOW

No. 96-1893.

111 F.3d 604 (1997)

FIRST NATIONAL BANK OF OLATHE, KANSAS, Plaintiff-Appellant, v. Thomas M. PONTOW; Ann M. Pontow, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1997.

Attorney(s) appearing for the Case

Kristopher C. Kuckelman (argued), Olathe, Kansas, for Appellant.

Robert A. Sims (argued), Des Moines, IA, for Appellees.

Before BEAM, FRIEDMAN, and LOKEN, Circuit Judges.

FRIEDMAN, Circuit Judge.

A bankruptcy court rejected a bank's attempt to bar the discharge of a bankrupt's indebtedness to the bank under § 523(a)(2)(B) of the Bankruptcy Code. The bankruptcy court held that the bank had not established two conditions for denying discharge under that provision: that the creditor had reasonably relied upon false information provided by the debtor, and that the debtor had intended to deceive the bank. The district court affirmed...

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