Bank of Nebraska v. Rose, No. 12-6046 (8th Cir. 2012)
Annotate this CaseDebtor appealed the judgment of the bankruptcy court determining that the debt he owed to the Bank was excepted from discharge under 11 U.S.C. 523(a)(2)(B) and denying any recovery on debtor's counterclaim. Debtor raised several issues on appeal. The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's judgment, holding that the bankruptcy court applied the correct legal standing in determining whether the Bank reasonably relied on debtor's written statements; the BAP could not conclude that the bankruptcy court's findings of fact were clearly erroneous; and debtor not only consented to the bankruptcy court's entering a final judgment on the state law counterclaims, he lacked standing to pursue an appeal from the bankruptcy court's final judgment on the counterclaims.
Court Description: Bankruptcy Appellate Panel. Bankruptcy court applied the proper standard in determining whether the bank reasonably relied on debtor's written statements; appellant failed to provide a transcript and other record materials required to review the bankruptcy court's findings of fact; debtor impliedly consented to the bankruptcy court's entering a final judgment on state law counterclaims; even if the debtor did not so consent, he did not have a pecuniary interest which would give him standing to appeal the bankruptcy court's final judgment on the state law claims; judgment determining the debt debtor owed the bank was excepted from discharge under 11 U.S.C. Sec. 523(a)(2)(B) and denying any recovery on debtor's counterclaim is affirmed. [ December 19, 2012
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