IN RE RETZ

No. 08-60023.

606 F.3d 1189 (2010)

In re Brendon Keith RETZ, Debtor, Brendon Keith Retz, Appellant, v. Richard J. Samson, Chapter 7 Trustee; Donald G. Abbey; Thomas Tornow; American Express Centurion Bank; Whitefish Credit Union; Glacier Bank of Whitefish; United States Trustee/Great Falls, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2010.


Attorney(s) appearing for the Case

Ward E. Taleff (argued), Taleff Law Offices, P.C., Great Falls, Montana; Harold Dye, Dye & Moe, PLLP, Missoula, MT, for debtor-appellant Brendon Keith Retz.

Michael G. Black (argued), Black Law Office, Missoula, MT; Edward A. Murphy, Murphy Law Offices, PLLC, Missoula, MT, for appellee Donald G. Abbey.

Before: RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.


TALLMAN, Circuit Judge:

Debtor-Appellant Brendon Keith Retz ("Retz") filed for Chapter 7 bankruptcy on February 12, 2004. On March 8, 2005, Bankruptcy Trustee Richard J. Samson ("Trustee") and Retz's former business partner Donald G. Abbey ("Abbey"), along with several banks, filed this adversary proceeding in bankruptcy court seeking to stop Retz's discharge. After a five-day trial, the bankruptcy court found for the plaintiffs and denied Retz's discharge under 11...

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