In re Grider, 453 B.R. 716 (Bankr. W.D. Ky. 2011)

(bank filed complaint against Ch. 7 debtors seeking determination that claims were non-dischargeable under 11 U.S.C.S. §523(a)(2)(B) and (a)(6) and seeking denial of debtor’s discharge under 11 U.S.C.S. §727(a)(3) and (a)(5); bank based §523(a)(2)(B) claim in part on financial statement submitted by debtor in connection with loan consolidation; although financial statement materially misleading (omitted a debt) and bank relied on financial statement in assessing debtor’s ability to repay loan, bank did not prove debtor intentionally deceived bank by omission or that financial statement was grossly reckless; bank failed to produce evidence of intentional and malicious injury under §523(a)(6) and failed to produce evidence to prove claim under §723(a)(3); denial of discharge not supported by record; debtor could have kept better records of cattle sales and purchases, but such business not debtor’s primary occupation).