IN RE BOYAJIAN

BAP Nos. CC-06-1085-DKMo, CC-06-1086-DKMo. Bankruptcy Nos. SV 04-11929-KT, SV 04-11930-KT. Adversary Nos. SV 04-01317-KT, SV 04-01318-KT.

367 B.R. 138 (2007)

In re Pateel BOYAJIAN, Debtor. In re Salpy Boyajian, Debtor. New Falls Corporation, Appellant, v. Pateel Boyajian, Appellee. New Falls Corporation, Appellant, v. Salpy Boyajian, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 30, 2007.


Attorney(s) appearing for the Case

Jeannine E. Del Monte, Hemar, Rousso & Heald, Encino, CA, for New Falls Corporation.

Alan G. Tippie, Los Angeles, CA, for Salpy Boyajian.

Before: DUNN, KLEIN, and MONTALI, Bankruptcy Judges.


OPINION

DUNN, Bankruptcy Judge.

The bankruptcy court determined as a matter of law that in order for an assignee creditor to prevail in an exception to discharge adversary proceeding brought pursuant to § 523(a)(2)(B),1 the assignee creditor must have reasonably relied on the materially false financial statement provided by the debtor. We REVERSE.

I. FACTS

On July 13, 1999, Blue Diamond Straw & Toothpick...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases