Excellent Home Properties, Inc. v. Kinard, No. 20-2745 (8th Cir. 2021)
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Excellent Home filed a claim against appellee in bankruptcy, arguing that its claim is excepted from discharge, as well as alleging three state law theories: fraudulent misrepresentation, negligent misrepresentation, and civil conspiracy.
The Eighth Circuit affirmed the district court's decision upholding the bankruptcy court's finding in favor of appellee, and concluded that Excellent Home, in submitting the full-credit bid, did not justifiably rely on appellee's misrepresentations, so its claim is not excepted from discharge. The court explained that Missouri fraudulent misrepresentation, negligent misrepresentation, and derivative civil conspiracy each require a plaintiff justifiably rely on defendant's actions. In this case, based on the findings of fact, Excellent Home's reliance was unjustifiable and its state law claims were thus properly dismissed.
Court Description: [Benton, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Bankruptcy. Excellent Home did not justifiably rely on debtor's representations concerning the condition of a piece of property and its claim against debtor is not excepted from discharge; nor did the bankruptcy court err in dismissing Excellent Home's state law claims for fraud, negligent misrepresentation and civil conspiracy on the same analysis. [ May 20, 2021 ]
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