Madden v. Van Der Laan

31 B.R. 1001, 1983 U.S. Dist. LEXIS 15344
CourtDistrict Court, N.D. Illinois
DecidedJuly 19, 1983
DocketNo. 83 C 0454
StatusPublished
Cited by1 cases

This text of 31 B.R. 1001 (Madden v. Van Der Laan) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Madden v. Van Der Laan, 31 B.R. 1001, 1983 U.S. Dist. LEXIS 15344 (N.D. Ill. 1983).

Opinion

MEMORANDUM AND ORDER

BUA, District Judge.

This is an appeal from a bankruptcy court judgment denying plaintiff’s claim that a certain debt is not dischargeable under 11 U.S.C. § 523(a)(2)(A) and (B). For the reasons stated herein, the judgment of the bankruptcy court is affirmed.

This Court’s jurisdiction to review the instant matter is predicated on Rules Bankr.Proc. Rule 801, 11 U.S.C. In addition, where a district court sits as a court of review for bankruptcy proceedings it is bound by the standard enunciated in Rules Bankr.Proc. Rule 810, 11 U.S.C.

Upon an appeal the district court may affirm, modify or reverse a referee’s judgment or order, or remand with instructions for further proceedings. The Court shall accept the referee’s findings of fact unless they are deafly erroneous, and shall give due regard to the opportunity of the referee to judge of the credibility of the witnesses. (Emphasis added).

The facts of the case are as follows. In August of 1977, the plaintiff-appellant, Daniel L. Madden (Madden), and defendant-appellee, Cornelius Van Der Laan (Van Der Laan), together with Van Der Laan’s son, William, formed a corporation called Metro Construction Co., Inc. (Metro). The purpose of the company was to construct single-family homes. Madden served as secretary-treasurer in charge of administrative operations, while Van Der Laan was vice president and the actual builder of the homes.

Because of Metro’s limited money supply and desire to begin construction, it obtained loans from certain banks. The two loans in question are those from Continental Illinois Bank and First National Bank of Oak Lawn. In connection with these loans, Madden and Van Der Laan were required to execute notes and personal guaranties in their corporate and individual capacities, and to submit to the lenders, current financial statements in support of them.

Prior to tendering their personal financial statements to each particular bank, the parties met to determine whether they possessed enough individual collateral to induce the making of the loans. At these meetings, Van Der Laan represented to Madden that he was declaring “just enough to secure the loan,” and that “he did not want to put down everything that he owned.” Tr. 13. It is to be noted, however, that during the bankruptcy proceedings, Van Der Laan admitted that his statement of financial condition was incorrect and was “beefed up to insure that the corporation would secure the loans.” Tr. 73-74.

[1003]*1003Several months after the loans were made, certain events came about prompting Van Der Laan to “walk out. on the projects.” Tr. 16. Eventually, the notes were called for payment with concurrent demands made upon the corporation and individual guarantors. In light of both Van Der Laan’s refusal to repay his share of the loans and Madden’s personal guaranty, Madden was compelled to pay the balance in full, whereupon he brought the instant action to determine dischargeability. Madden sought to be reimbursed by defendant for his share of the payment made to the bank. Claiming fraud on the part of Van Der Laan in connection with obtaining the loans, Madden asserted that he was entitled to a finding that the money owed constituted a nondischargeable debt in bankruptcy. See generally 11 U.S.C. § 523.

The Bankruptcy Court found that Van Der Laan’s alleged fraud was not the causal force behind Madden’s decision to become co-guarantor of the notes. Thus, no reasonable reliance was present, and no finding of fraud could be made. 11 U.S.C. § 523(a)(2)(B)(iii). Crucial to the Court’s holding was its determination that, because the parties were engaged in a joint business venture, Madden furnished the notes and guaranties primarily to protect his own business interests. In addition, the Bankruptcy Court concluded that the claim of fraud failed for a second reason, namely, that Van Der Laan did not intend to deceive Madden in connection with his decision to become co-guarantor. Intentional deception is required before a debt may be found nondischargeable in bankruptcy. 11 U.S.C. § 523(a)(2)(B)(iv).

On appeal, Madden asserts that the bankruptcy court erred in three respects. First, Madden contends that Van Der Laan’s conduct, in connection with his purportedly accurate personal financial statements, constituted actual fraud and thus comes within the purview of §§ 523(a)(2)(A) and (B) which specifically pertain to debts that are excepted from dischargeability. Second, Madden alleges that he executed the notes and guaranties in reasonable reliance upon Van Der Laan’s false financial statements. Finally, Madden claims that the bankruptcy court erred by virtue of its refusal to admit into evidence Van Der ■ Laan’s financial statement regarding a loan made by the First Savings and Loan of South Holland.

Madden’s first claim is based on 11 U.S.C. § 523(a)(2)(A). Section 523(a)(2)(A) provides the following:

A discharge... of this title does not discharge an individual debtor from any debt for obtaining money... by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition. (Emphasis added.)

As can be seen from the clear wording of the statute, it is totally inapplicable to this case. Van Der Laan’s alleged oral misrepresentations were made in the context of meetings which took place prior to obtaining the loans. The evidence is uncontra-dicted that the only discussions which took place at those meetings were in reference to Van Der Laan’s financial condition. Thus, Madden’s claim that this statutory section mandates a finding of nondischargeability is simply untenable. Camden National Bank v. Archangeli, 6 B.R. 50, 52 (D.Maine 1980).

Madden next contends that this Court is obliged to except the instant loans from dischargeability under 11 U.S.C. § 523(a)(2)(B). Madden’s claim is based on alleged misrepresentations contained in his financial statements provided to the banks in connection with the loans. As has already been stated, those statements were reviewed by Madden prior to their submission to the bank. It is Madden’s belief that, in light of these misrepresentations, the relevant statute requires that the debt in question be excepted from dischargeability. The Court disagrees.

Section 523(a)(2)(B) provides that

' A discharge... of this title does not discharge an individual debtor from any debt for obtaining money... by... use of a statement in writing
(i) that is materially false;
(ii) respecting the debtor’s or an insider’s financial condition;
[1004]*1004(iii) on which the creditor to whom the debtor is liable for obtaining such money.. .reasonably relied; and

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Piekarczyk v. Nantz (In Re Nantz)
44 B.R. 543 (N.D. Illinois, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
31 B.R. 1001, 1983 U.S. Dist. LEXIS 15344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-van-der-laan-ilnd-1983.