IN RE SLYMAN

No. 99-55392.

234 F.3d 1081 (2000)

In re: Thomas John SLYMAN, Debtor. Turtle Rock Meadows Homeowners Association, Appellant, v. Thomas John Slyman, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2000.


Attorney(s) appearing for the Case

Gerald J. Van Gemert and James Arthur Judge, Gerald J. Van Gemert, A Professional Corporation, Irvine, California, for the appellant.

Thomas John Slyman, pro se, Santa Ana, California, for the appellee.

Before: A. WALLACE TASHIMA and RICHARD TALLMAN, Circuit Judges, WILLIAM ALSUP, District Judge.


Argued and Submitted October 13, 2000 — Pasadena, California.

TALLMAN, Circuit Judge:

This case presents the question of whether a homeowners association must demonstrate all five elements of common law fraud, including misrepresentation and reliance, to prove that its claim for delinquent homeowners dues is nondischargeable under 11 U.S.C. § 523(a)(2)(A). We hold that it must.

This case also presents the question of whether a bankruptcy...

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