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IN RE BERR

BAP No. EC-93-1436-RVJ. Bankruptcy No. 90-25580-C-7. Adv. No. 90-2458.

172 B.R. 299 (1994)

In re Edward M. BERR, Debtor. Edward M. BERR, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Roy L. Anderson, Honolulu, HI, for appellant.

Gary T. Lafayette, San Francisco, CA, for appellee.

Before RUSSELL, VOLINN and JONES, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

The Federal Deposit Insurance Corporation ("FDIC"), as successor-in-interest, filed a complaint to determine the nondischargeability of debt pursuant to 11 U.S.C. §§ 523(a)(2)(A)1 and 523(a)(2)(B) of the Bankruptcy Code. The bankruptcy court determined that the debt owing to the FDIC was nondischargeable under § 523(a)(2)(B) since it had reasonably relied on a materially...

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