Samuel J. Temperato Trust v. Unterreiner, et al, No. 12-1138 (8th Cir. 2012)
Annotate this CaseDebtors filed for bankruptcy and the Trust subsequently filed an Adversary Complaint against debtors, claiming that they owed nondischargeable debt to the Trust under 11 U.S.C. 523. The bankruptcy court granted summary judgment to the Trust and the Bankruptcy Appellate Panel (BAP) reversed, holding that the Trust was not entitled to judgment as a matter of law because the Trust could not meet the statutory requirements of section 523. The court held that debtors did not obtain money, property, or services from the Trust, and the Trust did not rely on debtors' misrepresentations when it guaranteed certain obligations. Accordingly, the court affirmed the BAP's ruling, vacated the award of summary judgment to the Trust, and directed judgment to debtors.
Court Description: Civil Case - Bankruptcy. The Bankruptcy Appellate Panel did not err in finding the Trust could not establish all of the elements of 11 U.S.C. Sec. 532(a)(2)(B) required to render a debt nondischargeable.
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