Hutchings v. Bondcorp Reality Services, Inc. (In re Hutchings)
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 4 months ago
- Citation:
- 9th Cir. BAP No. CC-14-1421-PeTaKu (Oct. 28, 2015)
- Tag(s):
-
- Ruling:
- The BAP upheld a judgment declaring a debt nondischargeable under § 523(a)(2)(A), but remanded to reduce the amount of the judgment from $821,647 to $302,000.
- Procedural context:
- Debtor appealed a judgment entered following nondischargeability trial.
- Facts:
- Debtor, a real estate broker, orchestrated a loan transaction and fabricated the income verification on behalf of a straw buyer to finance the purchase of a home. The lender "justifiably relied" on the false documents prepared by the Debtor. The damages were the difference between the loan balance and the amount that the lender received in the foreclosure sale on the residence.
- Judge(s):
- Perris, Taylor, Kurtz, bankruptcy judges.
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