Kavoussi

MEMORANDUM **

Johnson & Johnson Finance Corporation (“JJFC”) executed a series of loans in favor of Harold Kavoussi and his surgery clinic, Pomona Valley Eye Surgery Medical Group (“PVES”). Dr. Kavoussi defaulted on those loans and filed for Chapter 7 bankruptcy relief. The bankruptcy court granted one of JJFC’s motions for summary judgment, finding that Dr. Kavoussi’s debt was non-dischargeable under 11 U.S.C. § 523 (a)(2)(B). Dr. Kavoussi appeals the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s decision. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

The bankruptcy court may refuse to discharge a debt if the debtor obtained the loan by “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 such money, property, services, or credit reasonably relied; and (iv) that the debtor caused to be made or published with intent to deceive.” 11 U.S.C. § 523 (a)(2)(B). The Ninth Circuit has restated the elements of § 523(a)(2)(B) as seven factors: “(1) a representation of fact by the debtor, (2) that was…