MATTER OF DANESI

Bankruptcy No. 79 B 158, No. 80 Civ. 0067(MEL).

6 B.R. 738 (1980)

In the Matter of Henry DANESI, Sr., Bankrupt. RUSCH FACTORS, Division of BVA Credit Corporation, Plaintiff-Appellant, v. Henry DANESI, Sr. a/k/a Henry P. Danesi, Defendant-Appellee.

United States District Court, S.D. New York.

September 19, 1980.


Attorney(s) appearing for the Case

Hahn, Hessen, Margolis & Ryan, New York City, for plaintiff-appellant; Richard Turyn, New York City, of counsel.

Jeffrey L. Sapir, Yonkers, N.Y., co-counsel with Fredericks & Goldberger, White Plains, N.Y., for defendant-appellee.


LASKER, District Judge.

This is an appeal from Bankruptcy Judge Howard Schwartzberg's decision that the debt which Henry Danesi, Sr. ("Danesi") owed to Rusch Factors, Division of BVA Credit Corporation ("Rusch") is dischargeable in bankruptcy. Rusch contends that the bankruptcy court committed clear error in finding that Danesi had no intent to deceive Rusch when he submitted erroneous information to Rusch in connection with a credit transaction, and that Rusch could...

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