In re: Bakay, No. 11-1373 (10th Cir. 2011)
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Plaintiffs-Appellants George and Georgia Diamond filed an adversary proceeding against Chapter 7 debtor Scott Bakay alleging that Bakay fraudulently induced them to loan him money. The bankruptcy court entered summary judgment in favor of the Diamonds and declared the loan nondischargeable, but denied the Diamonds' postjudgment motion for prejudgment interest. The Diamonds appealed the latter decision, and the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the bankruptcy court. Finding no abuse of discretion in the bankruptcy court's decision, the Tenth Circuit affirmed the postjudgment motion for prejudgment interest.
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