In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corp. v. Michael Duane Mullet, 817 F.2d 677 (1st Cir. 1987). · Go Syfert
In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corp. v. Michael Duane Mullet, 817 F.2d 677 (1st Cir. 1987). Cases Citing This Book View Copy Cite
300 citation events (41 in the last 25 years) across 48 distinct courts.
Strongest positive: C&L Supply, Inc. v. Morrow (oknb, 2021-04-13)
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1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) C&L Supply, Inc. v. Morrow (3×) also: Cited as authority (rule)
Bankr. N.D. Okla · 2021 · quote attribution · 1 verbatim quote · confidence high
this standard of reasonableness under 523(a)(2)(b) places a measure of responsibility upon a creditor to ensure that there exists some basis for relying upon the debtor's representations.
examined Cited as authority (verbatim quote) C&L Supply, Inc. v. Morrow (3×) also: Cited as authority (rule)
Bankr. N.D. Okla · 2021 · quote attribution · 1 verbatim quote · confidence high
this standard of reasonableness under 523(a)(2)(b) places a measure of responsibility upon a creditor to ensure that there exists some basis for relying upon the debtor's representations.
cited Cited as authority (rule) In re: Claire-Marie Bender v. Kapitus Servicing Inc., as Servicing Agent for Kapitus LLC
Bankr.D. Colo. · 2026 · confidence medium
Leadership Bank, 958 F.2d at 978 (quoting First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679, 681-82, 682 (10th Cir.1987)) (brackets in original).
cited Cited as authority (rule) Stephenson v. Mosing
D. Colo. · 2024 · confidence medium
First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir. 1987).
discussed Cited as authority (rule) McClave State Bank v. Jay Stum (2×)
10th Cir. BAP · 2021 · confidence medium
Co. of N. Am. v. Cohn (In re Cohn), 54 F.3d 1108, 1117 (3d Cir. 1995) (“The reasonableness of a creditor’s reliance under § 523(a)(2)(B) is judged by an objective standard, i.e., that degree of care which would be exercised by a reasonably cautious person in the same business transaction under similar circumstances.”). 39 Leadership Bank, N.A. v. Watson (In re Watson), 958 F.2d 977, 978 (10th Cir. 1992) (quoting First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir. 1987) (internal citations omitted), abrogated in part by Field v. Mans, 516 U.S. 59 (1995)). 40 In re Mullet, 8…
discussed Cited as authority (rule) Veritex Community Bank v. John Osborne
5th Cir. · 2020 · confidence medium
Id. at 1757. 26 See, e.g., Colombo Bank v. Sharp (In re Sharp), 340 F. App’x 899, 908 (4th Cir. 2009) (per curiam) (unpublished) (upholding bankruptcy court’s finding that the sophisticated creditor’s reliance was unreasonable because it relied on stale and irregular documents and made no independent inquiry of debtor’s title, despite primary purpose of title report to verify the borrower’s representations); In re Morris, 223 F.3d 548 , 553–54 (7th Cir. 2000) (district court did not err in finding creditor did not reasonably rely after creditors all admitted to not believing repres…
cited Cited as authority (rule) Hurston v. Anzo (In re Anzo)
Bankr. N.D. Ga. · 2016 · confidence medium
Vann, 67 F.3d at 280 , quoting In re Mullet, 817 F.2d 677, 679 (10th Cir. 1987).
cited Cited as authority (rule) USAmeribank v. Strength (In re Strength)
Bankr. M.D. Ala. · 2016 · confidence medium
City Bank & Trust Co., v. Vann (In re Vann), 67 F.3d 277, 280 (11th Cir. 1995) (citing First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir. 1987)).
cited Cited as authority (rule) Larson v. Swift Rock Financial, Inc. (In re Craig)
D. Colo. · 2015 · confidence medium
In re Mullet, 817 F.2d, 677, 678 (10th Cir.1987).
cited Cited as authority (rule) Cowen v. WD Equipment, LLC (In re Cowen)
D. Colo. · 2015 · confidence medium
In re Mullet, 817 F.2d 677, 678 (10th Cir.1987).
cited Cited as authority (rule) Res Ga Two, LLC v. Hiett (In re Hiett)
Bankr. M.D. Ala. · 2014 · confidence medium
First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987), abrogated on other grounds, Field v. Mans, 516 U.S. 59 , 116 S.Ct. 437 , 133 L.Ed.2d 351 (1995).
cited Cited as authority (rule) In re Miller
D. Colo. · 2014 · confidence medium
In re Mullet, 817 F.2d 677, 678 (10th Cir.1987).
cited Cited as authority (rule) Bank of America, N.A. v. Gordon (In Re Gordon)
D. Colo. · 2012 · confidence medium
In re Mullet, 817 F.2d 677, 678 (10th Cir.1987).
cited Cited as authority (rule) Cranmer v. Anderson
D. Utah · 2011 · confidence medium
Id. (citing In re Mullet, 817 F.2d 677, 678 (10th Cir. 1987)). 21 .
discussed Cited as authority (rule) Colorado East Bank & Trust v. McCarthy (In Re McCarthy)
Bankr.D. Colo. · 2009 · confidence medium
In re Watson, 958 F.2d at 978 (quoting First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987), abrogated in part on other grounds by Field v. Mans, 516 U.S. 59 , 63 n. 4, 116 S.Ct. 437 , 133 L.Ed.2d 351 (1995)). 28 .
cited Cited as authority (rule) Williams v. TRANSAM TRUCKING, INC.
D. Kan. · 2008 · confidence medium
In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987). *584 II.
discussed Cited as authority (rule) In Re: Cribbs v. (2×) also: Cited "see"
10th Cir. · 2006 · confidence medium
Reasonableness must be “evaluated according to the particular facts and circumstances present in a given case.” First Bank v. M ullet (In re M ullet), 817 F.2d 677, 679 (10th Cir. 1987), abrogated on other grounds by Field, 516 U.S. at 74-75 .
cited Cited as authority (rule) First National Bank v. Cribbs (In Re Cribbs)
10th Cir. BAP · 2005 · confidence medium
First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987) (citation omitted) (abrogated on other grounds by Field v. Mans, 516 U.S. 59 , 116 S.Ct. 437 , 133 L.Ed.2d 351 , (1995)).
cited Cited as authority (rule) Bryant v. Tilley (In Re Tilley)
Bankr.D. Colo. · 2002 · confidence medium
Driggs v. Black (In re Black), 787 F.2d 503, 505 (10th Cir.1986); First Bank of Colorado Springs v. Mullet (In re Mullet), 817 F.2d 677, 680 (10th Cir.1987).
cited Cited as authority (rule) Wolf v. McGuire (In Re McGuire)
Bankr.D. Colo. · 2002 · confidence medium
Driggs v. Black (In re Black), 787 F.2d 503, 505 (10th Cir. 1986); First Bank of Colorado Springs v. Mullet (In re Mullet), 817 F.2d 677, 680 (10th Cir.1987).
discussed Cited as authority (rule) Bank of Commerce v. Smith (In Re Smith)
Bankr. N.D. Okla · 2002 · confidence medium
Cohn, 54 F.3d at 1117 (citations omitted); see also Coston v. Bank of Malvern (In re Coston), 991 F.2d 257, 261 (5th Cir.1993); First Bank of Colo. Spgs. v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987) (“This standard of reasonableness [under § 523(a)(2)(B) ] places a measure of responsibility upon a creditor to ensure that there exists some basis for relying upon the debtor’s representations.”). 5 The determination of whether a creditor has reasonably relied upon a financial statement is a question of fact to be decided on a case by case basis.
cited Cited as authority (rule) Rijos v. Banco Bilbao Vizcaya (In Re Rijos)
1st Cir. BAP · 2001 · confidence medium
Supply Co., 861 F.2d 241 , 243 (9th Cir.1988); In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987); In re Martin, 761 F.2d 1163 , 1166 (6th Cir.1985); see also In re G.S.F.
discussed Cited as authority (rule) Chevy Chase Bank FSB v. Kukuk (In Re Kukuk)
10th Cir. BAP · 1998 · confidence medium
Credit Union v. Kaspar (In re Kaspar), 125 F.3d 1358, 1361 (10th Cir.1997); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir.), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995); First Bank v. Mullet (In re Mullet), 817 F.2d 677, 680 (10th Cir.1987); Driggs v. Black (In re Black), 787 F.2d 503, 505 (10th Cir.1986).
cited Cited as authority (rule) Household Credit Services v. Melton (In Re Melton)
Bankr.D. Colo. · 1998 · confidence medium
In re Mullet, 817 F.2d 677, 680 (10th Cir.1987); In re Bixel, 215 B.R. 772 (Bankr.S.D.Cal.1997).
cited Cited as authority (rule) Womens Business Initiative Corp. v. Moore (In re Moore)
Bankr. E.D. Wis. · 1998 · confidence medium
In re Mullet, 817 F.2d 677, 679 (10th Cir.1987).
discussed Cited as authority (rule) Powell v. Judd (In re Judd)
Bankr. D. Kan. · 1997 · confidence medium
First Bank of Colorado Springs v. Mullet (In re Mullet), 817 F.2d 677, 680 (10th Cir.1987) (holding that all elements of § 523(a)(2)(B) must be independently proven and debtor's dishonesty will not soften that requirement for the element of reliance). .
cited Cited as authority (rule) In re Amdura Corp.
10th Cir. · 1997 · confidence medium
Lister, 846 F.2d at 56 (citing In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987)).
cited Cited as authority (rule) Amdura National v. Amdura Corporation
10th Cir. · 1997 · confidence medium
Lister, 846 F.2d at 56 (citing In re Mullet, 817 F.2d 677, 678-79 (10th Cir. 1987)).
cited Cited as authority (rule) Nissan Motor Acceptance Corp. v. Ferrell (In Re Ferrell)
Bankr. N.D. Ohio · 1996 · confidence medium
In re Mullet, 817 F.2d 677, 680 (10th Cir.1987). ‘Misplaced trust’ is insufficient for nondischargeability.
cited Cited as authority (rule) City Bank & Trust Co. v. Vann
11th Cir. · 1995 · confidence medium
First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987).
cited Cited as authority (rule) In Re Edwin Leo Vann, Debtor. City Bank & Trust Co. v. Edwin Leo Vann
11th Cir. · 1995 · confidence medium
First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987).
discussed Cited as authority (rule) Citibank (South Dakota) N.A. v. Seong Koo Lee (In Re Seong Koo Lee) (2×)
9th Cir. BAP · 1995 · confidence medium
“In cases where ‘minimal investigation and verification almost certainly would have uncovered the falsity of the representations,’ a bank’s debt must be discharged if no such investigation had been performed.” Id. at 1084 (citing In re Mullet, 817 F.2d 677, 680 (10th Cir.1987)).
cited Cited as authority (rule) Ferraro v. Phillips (In Re Phillips)
Bankr. E.D.N.Y. · 1995 · confidence medium
First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987).
cited Cited as authority (rule) In Re Mama D'angelo, Inc., Debtor. Duane H. Gillman, Trustee v. Scientific Research Products Inc. Of Delaware
10th Cir. · 1995 · confidence medium
Clay v. Traders Bank of Kansas City, 708 F.2d 1347, 1350 (8th Cir.1983); In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987); In re: G.S.F.
cited Cited as authority (rule) United States v. Jones (In Re Jones)
D. Kan. · 1995 · confidence medium
Bankr.R. 8013; In re Mullet, 817 F.2d 677, 678 (10th Cir.1987).
discussed Cited as authority (rule) Retirement Account, Inc. v. Erdheim (In Re Erdheim) (2×) also: Cited "see, e.g."
Bankr. E.D.N.Y. · 1995 · confidence medium
First Bank v. Mullet (In re Mullet), 817 F.2d 677, 679 (10th Cir.1987).
cited Cited as authority (rule) United States v. Turner (In Re Turner)
Bankr.D. Colo. · 1995 · confidence medium
In re Mullet, 817 F.2d 677, 680 (10th Cir.1987).
cited Cited as authority (rule) Amici v. United States (In Re Amici)
Bankr. M.D. Fla. · 1994 · confidence medium
In re Howard, 167 B.R. 684, at 686 (Bankr.Md.Fla.1994); First Bank of Colorado v. Mullet (In re Mullet), 817 F.2d 677, 680 (10th Cir.1987).
cited Cited as authority (rule) Royal v. Pancratz (In Re Pancratz)
D. Wyo. · 1994 · confidence medium
In re Mullet, 817 F.2d 677, 678-79 (10th Cir. 1987).
cited Cited as authority (rule) Seel v. Wittman
D. Kan. · 1994 · confidence medium
Bankr.R. 8013; In re Mullet, 817 F.2d 677, 678 (10th Cir.1987).
discussed Cited as authority (rule) Varrasso v. Desmond
1st Cir. · 1994 · confidence medium
Supply Co., 861 F.2d 241 , 243 (9th Cir. ___________________________________ 1988); In re Mullet, 817 F.2d 677, 678-79 (10th Cir. 1987); In re ____________ _____ 4 Martin, 761 F.2d 1163, 1166 (6th Cir. 1985); see also In re ______ ___ ____ _____ G.S.F.
cited Cited as authority (rule) Desmond v. Varrasso (In Re Varrasso)
1st Cir. · 1994 · confidence medium
Supply Co., 861 F.2d 241 , 243 (9th Cir.1988); In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987); In re Martin, 761 F.2d 1163 , 1166 (6th Cir.1985); see also In re G.S.F.
cited Cited as authority (rule) Evans v. United States (In Re Evans)
D. Colo. · 1994 · confidence medium
Fed.R.Bankr.P. 8013; Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573-75 , 105 S.Ct. 1504, 1511-12 , 84 L.Ed.2d 518 (1985); In re Mullet, 817 F.2d 677, 678 (10th Cir.1987).
cited Cited as authority (rule) Clark v. Hiller (In re Hiller)
D. Colo. · 1994 · confidence medium
Fed.R.Bankr.P. 8013; see Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573-74 , 105 S.Ct. 1504, 1511-12 , 84 L.Ed.2d 518 (1985); In re Mullet, 817 F.2d 677, 678 (10th Cir.1987).
cited Cited as authority (rule) Howard v. United States (In Re Howard)
Bankr. M.D. Fla. · 1994 · confidence medium
Security Title & Guaranty Co. v. Stivers (In re Stivers), 84 B.R. 852 (Bankr.S.D.Fla. 1988); First Bank of Colorado v. Mullet (In re Mullet), 817 F.2d 677, 680 (10th Cir.1987).
discussed Cited as authority (rule) Giacalone v. Malget (In Re Malget)
Bankr. S.D. Cal. · 1994 · confidence medium
In contrast, the Tenth Circuit, In re Mullet, 817 F.2d 677, 679-680 (10th Cir.1987); the Sixth Circuit, In re Phillips, 804 F.2d 930 , 933 (6th Cir.1986); the Eleventh Circuit, In re Hunter, 780 F.2d 1577, 1579 (11th Cir.1986); and the Seventh Circuit, In re Kimzey, 761 F.2d 421 , 423 (7th Cir.1985) hold that actual reliance is not sufficient, that the reliance must be reasonable.
discussed Cited as authority (rule) John J. O'Connor, CPO, Inc. v. Booker (In Re Booker)
Bankr. M.D.N.C. · 1994 · confidence medium
See In re Ledford, 970 F.2d 1556, 1559-60 (6th Cir.1992) (citing In re Phillips, 804 F.2d 930 , 933 (6th Cir.1986), and finding reasonableness requirement implied in the statute); In re Kimzey, 761 F.2d 421 , 423 (7th Cir.1985) (creditor must show that he actually relied, and that his reliance was reasonable); and In re Mullet, 817 F.2d 677, 679 (10th Cir.1987) (the standard of reasonableness required under § 17(a)(2) of the *170 Bankruptcy Act should continue to be imposed under the Code).
cited Cited as authority (rule) In Re Luckinbill
W.D. Okla. · 1994 · confidence medium
In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987).
discussed Cited as authority (rule) Smith v. Cunningham (In Re Cunningham)
Bankr. D. Mass. · 1994 · confidence medium
This Court held in Northmark Bank v. Herzog (In re Herzog), that where a bank has no prior experience with a debtor and there are obvious “red flags” in a financial statement, a bank is considered to be acting unreasonably if it relies on the statement. 140 B.R. 936, 939 (Bankr.D.Mass.1992) citing First Bank of Colorado Springs v. Mullet (In re Mullet), 817 F.2d 677, 681 (10th Cir.1987).
discussed Cited as authority (rule) Nemec v. Bolzle (In Re Bolzle)
Bankr. N.D. Okla · 1993 · confidence medium
Exception to discharge under 11 U.S.C. § 523 (a)(2)(A) is established by proving the following: ... the debtor made a false representation or willful misrepresentation; the representation was made with the intent to deceive the creditor; the creditor relied on the representation; the creditor’s reliance was reasonable; and the creditor sustained a loss as a result of the debt- or’s representation, In re Mullet, 817 F.2d 677, 680 (10th Cir.1987).
Retrieving the full opinion text from the archive…
In Re Michael Duane MULLET, Debtor. FIRST BANK OF COLORADO SPRINGS, a State Banking Corporation, Appellant,
v.
Michael Duane MULLET, Appellee
84-2646.
Court of Appeals for the First Circuit.
May 1, 1987.
817 F.2d 677
1987 U.S. App. LEXIS 5635
Terence P. Fagan, Spurgeon, Haney & Howbert, Colorado Springs, Colo., for appellant., Michael Duane Mullet, pro se.
McKay, Logan, Baldock.
Cited by 205 opinions  |  Published
[*678] BALDOCK, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); 10th Cir.R. 34.1.8(c). The case, therefore, is submitted without oral argument.

This is an appeal from the district court’s affirmance of a final order of the bankruptcy court dismissing the complaint filed by First Bank of Colorado Springs (bank). The bank filed the complaint pursuant to 11 U.S.C. § 523(a)(2) [1] , objecting to the discharge of appellee Mullet’s debt to the bank. The bankruptcy court held that any reliance by the bank upon Mullet’s allegedly false representations in granting the loan was unreasonable and that the debt was thus dischargeable. The district court affirmed the bankruptcy court’s decision. We also affirm.

In October of 1982 Mullet, then 23 years old, met with a commercial loan officer at the bank. Mullet represented that he was new in Colorado Springs and that he was establishing a new business there. Mullet requested an $86,000 loan to obtain a computer for use in his business. The bank granted the loan to Mullet. Mullet, however, made only one interest payment on the loan and defaulted. He later filed his petition in bankruptcy.

The bank filed the complaint in this case pursuant to § 523(a)(2) to prevent the discharge of the loan debt through Mullet’s bankruptcy. The bank alleged that the loan had been obtained “by means of a materially false writing and actual fraud.” Rec. vol. I at 44. The bankruptcy court held a hearing pertaining to the discharge-ability of the debt. At the conclusion of the evidence presented by the bank, Mullet moved to dismiss the complaint on the basis that the bank did not present sufficient evidence to demonstrate that it reasonably relied upon the allegedly false documents or representations.

The bankruptcy court first noted that the standard of reliance under § 523(a)(2)(A) is subjective, and “[i]f the reliance is so unreasonable under the circumstances, then it does not constitute reliance at all.” Rec. vol. Ill at 72. The bankruptcy court then concluded that the bank “has failed to establish that there was any kind of reliance at all on either the financial statement or on the stock certificate,” and that the debt was dischargeable. Rec. vol. II at 75.

The bank appealed the discharge of the debt to the district court. The district court affirmed, holding that reliance under both § 523(a)(2)(A) and (B) must be reasonable to prevent discharge of the debt and that the bankruptcy court’s conclusion that the bank’s reliance was unreasonable was not clearly erroneous. Rec. vol. II at 16-18. The bank then appealed to this court pursuant to 28 U.S.C. § 158(d).

In reviewing the decision of the bankruptcy court, “the district court as well as the court of appeals must accept the factual findings of the bankruptcy court unless they are clearly erroneous.” In re Branding Iron Motel, Inc., 798 F.2d 396, 399 (10th Cir.1986). See Bankr.R. 8013; In re Yeates, 807 F.2d 874, 876-77 (10th Cir.1986). See also Anderson v. Bessemer City, 470 U.S. 564, 574-75, 105 S.Ct. 1504, 1512, 84 L.Ed.2d 518 (1985). Because a determination as to the dischargeability of a debt is a core proceeding under 28[*679] U.S.C. § 157(b)(2)(I), the application of the clearly erroneous standard to the bankruptcy court’s factual findings is consistent with the Constitution, and Northern Pipeline Construction Co. v. Marathon Pipe Une Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), does not require the district court to conduct a de novo review of the bankruptcy court’s decision. Yeates, 807 F.2d at 877, n. 2; Branding Iron, 798 F.2d at 399 n. 3; In re Reid, 151 F.2d 230, 233-34 n. 5 (10th Cir.1985). However, both the court of appeals and the district court are to review the bankruptcy court's legal determinations de novo. Yeates, 807 F.2d at 877; Branding Iron, 798 F.2d at 399-400.

The bank first contends that the bankruptcy court erred in requiring that the bank’s reliance upon Mullet’s representations be reasonable in order to block the discharge. The bank argues that, while § 523(a)(2)(B) requires reasonable reliance on the written statement, § 523(a)(2)(A) imposes no reasonableness standard on the reliance concerning Mullet’s false representations that were not in writing. We disagree.

Section 523(a)(2) is the successor to § 17(a)(2) [2] of the Bankruptcy Act, 11 U.S.C. § 35(a)(2), and it only slightly modified § 17(a)(2). S.Rep. No. 95-989, reprinted in 1978 U.S. Code Cong. & Ad. News 5787, 5864. “Cases interpreting section 17(a)(2) developed two judicial glosses. First, because direct proof of actual reliance is difficult, actual reliance may be proven by circumstantial evidence of reliance. Second, actual reliance must be reasonable.” In re Kreps, 700 F.2d 372, 375 (7th Cir.1983) (citations omitted). Section 17(a)(2) thus required a finding that the creditor actually relied upon the false representations, “[a]nd of course such reliance must be reasonable.” Carini v. Matera, 592 F.2d 378, 381 (7th Cir.1979) (dealing with false representations other than written statements regarding financial condition).

We conclude that this standard of reasonableness required under § 17(a)(2) should continue to be imposed on claimed reliance pertaining to § 523(a)(2)(A). Other courts of appeals have also concluded that reliance under § 523(a)(2)(A) must be reasonable. See In re Hunter, 780 F.2d 1577, 1579 (11th Cir.1986); In re Kimzey, 761 F.2d 421, 423 (7th Cir.1985). This standard of reasonableness places a measure of responsibility upon a creditor to ensure that there exists some basis for relying upon the debtor’s representations. Of course, the reasonableness of a creditor’s reliance will be evaluated according to the particular facts and circumstances present in a given case.

The loan officer in charge of Mullet’s loan testified that he relied on Mullet’s written financial statement in granting the loan. Rec. vol. Ill at 50-51. This reliance is covered by § 523(a)(2)(B), which contains an express requirement that the reliance be reasonable. The loan officer also stated that he relied on oral representations made by Mullet, specifically that the stock pledged as collateral was listed on the New York Stock Exchange. Rec. vol. Ill at 11-12, 23-24. This reliance is covered by § 523(a)(2)(A) and, as noted above, also must be reasonable. Thus, the bankruptcy court properly required that the bank’s reliance upon Mullet’s representations be reasonable in order to prevent discharge pursuant to § 523(a)(2).

The bank next asserts that, even if reasonableness is required to prevent discharge of a debt, such requirement is outweighed by Mullet’s deceit. The bank essentially requests us to adopt an approach whereby the debtor’s dishonesty is weighed[*680] against the unreasonableness of the creditor’s reliance. We decline.

“Exceptions to discharge are construed narrowly, and the burden of proving that a debt falls within a statutory exception is on the party opposing discharge.” In re Black, 787 F.2d 503, 505 (10th Cir.1986). The bank must thus prove each element necessary to prevent discharge pursuant to § 523(a)(2)(A): the debtor made a false representation or willful misrepresentation; the representation was made with the intent to deceive the creditor; the creditor relied on the representation; the creditor’s reliance was reasonable; and the creditor sustained a loss as a result of the debtor’s representation. Hunter, 780 F.2d at 1579; Kimzey, 761 F.2d at 423. Because the bank must prove both false representation and reasonable reliance, there is simply no need to weigh these factors against each other. An exceptionally strong showing that a debtor has made false representations will not excuse a creditor’s failure to demonstrate reasonable reliance on those representations. Moreover, to the extent consideration of the degree of the debtor’s dishonesty is deemed necessary, such consideration is adequately taken into account in determining the existence of each of the elements outlined above.

The bank also contends that, even if reasonable reliance is required as an independent element under both parts of § 523(a)(2), the bank has made a prima facie case of such reasonable reliance. We disagree.

As noted earlier, Mullet, who was 23 years old at the time, came into the bank and requested an $86,000 loan. The bank asked for and obtained an unaudited financial statement from Mullet. Rec. vol. Ill at 10, plaintiff’s Ex. 1. The bank also obtained a credit report on Mullet, which indicated that he was current on several loans and credit accounts. Rec. vol. Ill at 10, defendant’s Ex. C. Although several outstanding loans which Mullet had not disclosed on his financial statement appeared on the credit report, the bank did nothing to investigate the reasons for the discrepancies between the financial statement and credit report. Rec. vol. Ill at 47-49.

The loan officer in charge of the loan to Mullet testified that the bank, in' making the loan to Mullet, relied on parts of the financial statement as it pertained to sources of repaying the loan. Rec. vol. Ill at 50-51. Specifically, the loan officer testified that the bank was relying on Mullet’s representation that he had a $130,000 certificate of deposit in a Swiss bank which could be used to repay the loan. Rec. vol. Ill at 35-37, 50-51. The financial statement offered by Mullet, while showing “cash on hand and in banks” of $134,000, made no express mention of the Swiss certificate of deposit. Rec. vol. Ill at 51-52; Plaintiff’s Ex. 1. Furthermore, the bank did absolutely nothing to confirm the existence of the certificate of deposit. Rec. vol. Ill at 35-36. Rather, the loan officer noted that Mullet “had a heavy Swiss accent. [3] He had purported to live in Switzerland for a number of years — most of his life.” Rec. vol. Ill at 35.

The loan officer also stated that the bank was relying on stock owned by Mullet as security for the loan. Rec. vol. Ill at 11-12, 23-24. Mullet referred to the stock as “Interco, Inc.” stock and represented to the loan officer that the stock was traded on the New York Stock Exchange. Rec. vol. Ill at 12. The officer testified that he would not have considered making the loan to Mullet if the stock was not listed on the New York Stock Exchange. Rec. vol. Ill at 24. In verifying the presence of the stock on the New York Stock Exchange and its value, another individual in the bank “checked with the Wall Street Journal for that symbol [Interco], and since that was a couple days old, I think she called a broker for a quote.” Rec. vol. Ill at 17. Apparently, however, no one from the bank verified that the Interco was listed on the New York Stock Exchange was the same Interco in which Mullet owned stock.

[*681] The certificate of stock assigned to the bank as security for the loan reflected Mullet’s ownership in Intercontinental Systems Corporation. Plaintiff’s Ex. 8. This company, referred to by Mullet as Interco, was not the same Interco that was listed on the New York Stock Exchange. Rec. vol. Ill at 33. However, the bank never “sen[t] this stock out to anybody to verify whether or not it was publicly traded.” Rec. vol. Ill at 55. Furthermore, the loan officer had no knowledge of anyone at the bank taking any action to determine if the stock was valid and actually issued to Mullet. Rec. vol. III at 52-53, 59-60.

We note that in some cases, the courts have held that reliance upon representations of the debtor is not unreasonable simply because the creditor failed to take steps to verify the information. See, e.g., Carini, 592 F.2d at 381; Matter of Garman, 643 F.2d 1252, 1259-60 (7th Cir.1980), cert. denied, 450 U.S. 910, 101 S.Ct. 1347, 67 L.Ed.2d 333 (1981). However, those cases are distinguishable in that they involved ongoing relationships between the debtor and creditor (Carini and Garman), the statements contained no information indicating that further investigation was required (Garman), there was no indication that further investigation would have uncovered the falsity of the representations (Garman), or the asserted failure to verify occurred after the loan had been made (Carini). In the present case, Mullet was a new, young, unproven customer of the bank, there were inconsistencies in his representations, minimal investigation and verification almost certainly would have uncovered the falsity of the representations, and the lack of verification cited to by Mullet occurred prior to the granting of the loan. We thus conclude that the bankruptcy court’s finding of no reasonable reliance on the part of the bank is not clearly erroneous.

The bank also alleges error by contending that the bankruptcy court substituted its business judgment for that of the bank’s rather than focusing on the bank’s actual reliance on Mullet’s representations. The bank cites to Matter of Garman, 643 F.2d at 1258, for the proposition that

it is not the court’s duty under § 17(a)(2) to second guess a creditor’s decision to make a loan or to set loan policy for the creditor.... The creditor need establish only its reliance in fact, although its claims to reliance cannot be so unreasonable as to defeat a finding of reliance in fact. Given this reliance, the court, with the benefit of hindsight, should not base its decision regarding discharge on whether it would have extended the loan,

(emphasis in original). While we agree that the court should not, in hindsight, substitute its business judgment for that of the creditor, such is not the case here.

In Garman, the court noted that the bankruptcy and district courts focused on whether the decision to loan the debtor the money was reasonable, rather than whether the reliance on the debtor’s statements was reasonable. Id. at 1257. The lower courts were concerned that the creditor based its decision to loan on the net worth and nature of the assets of the debtor rather than on income. Id. at 1258.

In the present case, the bankruptcy court did not hold that, even if Mullet’s representations were true, it would not grant the loan or that the loan procedures of the bank were faulty. Rather, the court carefully went through the representations regarding the financial statement, the Swiss certificate of deposit, and the stock certificate. Rec. vol. Ill at 71-75. The bankruptcy court then expressly concluded that it found no reliance on the part of the bank on either the financial statement or the stock certificate. Rec. vol. Ill at 75. The bankruptcy court finally stated that the granting of a loan under these circumstances was very reckless. Rec. vol. Ill at 75. Contrary to the bank’s assertions, however, this final statement does not constitute a holding substituting the court’s business judgment for that of the bank. It is simply a gratuitous statement based upon the court’s earlier holding that the bank did not reasonably rely on Mullet’s representations. The court properly evaluated the reasonableness of the bank’s reliance and did not, as in Garman, evaluate instead the[*682] reasonableness of the business decision to make the loan.

The bank finally asserts that Mullet, because of his allegedly dishonest behavior, should not be allowed to use the bankruptcy mechanism to discharge his debts. The bank argues that the bankruptcy act “was meant to discharge only the honest debtor from his debts.” Garman, 643 F.2d at 1256. While we certainly do not wish to encourage the type of behavior attributed to Mullet by the bank, we must reiterate that a showing of the debtor’s dishonesty is simply not sufficient to prevent discharge under § 523(a)(2). As noted, the creditor bears the burden of proving the various elements to prevent a discharge of the debt. The bank in this case has failed to carry its burden on one of the elements: the reasonableness of its reliance. We must therefore allow the discharge of Mullet’s debt, even in the face of his allegedly dishonest conduct.

AFFIRMED.

1

. 11 U.S.C. § 523(a) provides in pertinent part: (a) A discharge under section 727, 1141, or 1328(b) of this title does not discharge an individual debtor from any debt—

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(2) for obtaining money, property, services, or any extension, renewal, or refinance of credit, by—
(A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition: or
(B) use of a statement in writing—
(i) that is materially false;
(ii) respecting the debtor’s or an insider's financial condition;
(iii) on which the creditor to whom the debtor is liable for obtaining such money, property, services, or credit reasonably relied; and
(iv) that the debtor caused to be made or published with intent to deceive.
2

. Section 17(a) provided in pertinent part:

A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as ...
(2) are liabilities for obtaining money or property by false pretenses or false representations, or for obtaining money or property on credit or obtaining an extension or renewal of credit in reliance upon a materially false statement in writing respecting his financial condition made or published or caused to be made or published in any manner whatsoever with intent to deceive, or for willful and malicious conversion of the property of another.
3

. In light of the fact that the official languages of Switzerland are German, French, Italian, and Romansh, The World Almanac and Book of Facts, 1986, at 604, we are somewhat at a loss as to the witness' perception that Mullet had a "Swiss" accent.