Hart v. Karaeff (In re Hart)
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 11 years 6 days ago
- Citation:
- 9th Cir. BAP No. NC-14-1154-JuTaPa (Feb. 26, 2015)
- Tag(s):
-
- Ruling:
- BAP affirmed bankruptcy court judgment that loans totaling $400,000 were nonnondischargeable under Section 523(a)(2)(A), and remanded to correct an error in the judgment
- Procedural context:
- Debtor appealed to the BAP the judgment of the bankruptcy court after a trial.
- Facts:
- Debtor, a friend of the Creditor, obtained loans, or helped obtain loans, from Creditor for small residential development projects owned by entities in which the Debtor had a partial interest. The Debtor's role in connection with the false representations made concerning the loans and the circumstances of the project was disputed, since in several instances the Debtor did not have the leading role. The court held that the Debtor's role was sufficiently active that the fraud was direct (and not imputed), and the BAP affirmed.
- Judge(s):
- JURY, TAYLOR, and PAPPAS Bankruptcy Judges.
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
