Legal Opinion

Bank of Nebraska v. Rose (In re Rose)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided December 20, 2012No. BAP No. 12-6046PublishedCited by 13 opinions

1Opinion of the Court

NAIL, Bankruptcy Judge.

Mark M. Rose (“Debtor”) appeals the June 11, 2012 judgment of the bankruptcy court1 determining the debt he owed to Bank of Nebraska (“Bank”) was excepted from discharge under 11 U.S.C. § 523(a)(2)(B) and denying any recovery on Debtor’s counterclaim. We affirm.

BACKGROUND

Over a three-year period beginning in 2003, Debtor borrowed money from Bank and pledged various items as collateral. Debtor ultimately defaulted on the loans. After Bank sold the collateral and applied the proceeds to the indebtedness, a deficiency of more than $300,000.00 remained.

*543Debtor filed a…

2Cases cited12 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  3. Executive Benefits Insurance Agency v. ArkisonCourt of Appeals for the Ninth Circuit · 2012
  4. Randall Waldman v. Ronald StoneCourt of Appeals for the Sixth Circuit · 2012
  5. James ABRAMOWITZ, D.D.S., Appellee, v. Toni PALMER, AppellantCourt of Appeals for the Eighth Circuit · 1993

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Kovens v. Goodwich (In re Goodwich)United States Bankruptcy Court, D. Maryland · 2014
  2. Horizon Financial Bank v. Borstad (In re Borstad)United States Bankruptcy Court, D. North Dakota · 2016
  3. Huonder v. Champion Milking Systems, LLC (In re Huonder)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2016
  4. Adams Bank & Trust v. DunlopUnited States Bankruptcy Court, D. Nebraska · 2019
  5. Brian K. Alfaro v. Rick ReileyDistrict Court, W.D. Texas · 2019

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API