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Treadwell v. Glenstone Lodge Inc. (In re Treadwell)

Treadwell v. Glenstone Lodge Inc. (In re Treadwell)

Ruling
Bankruptcy appellate panel erred in reversing finding of nondischargeability by making factual findings on imputed fraud issue not decided by bankruptcy court.
Procedural posture

Appellee Chapter 7 debtors, husband and wife, sought to avoid appellant judgment creditor's lien on the debtors' home, and the creditor counterclaimed for nondischargeability under 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court found that the debt was dischargeable. The United States Bankruptcy Appellate Panel (BAP) for the Eighth Circuit affirmed as to the husband and reversed as to the wife. The creditor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 09, 2011 , LexisNexis #0311-121