Upon American Southern Insurance Company's motion to determine its debt non-dischargeable under Bankruptcy Code section 523(a)(2)(B), the Court granted the Rutherford's motion for summary judgment, finding that American Southern could not have relied upon the Rutherford's allegedly misleading Financial Statements, because it issued the bond rider prior to receiving the writing.  Accordingly, the Court held American Southern could not establish reliance upon such writing and it could not prevail on its non-dischargeability claim for fraud under the Code.