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In Re: Thomas John Slyman Debtor. Turtle Rock Meadows Homeowners Association v. Thomas John Slyman

Court of Appeals for the Ninth Circuit

Decided December 12, 2000No. 99-55392PublishedCited by 140 opinions

1Opinion of the Court

TALLMAN, Circuit Judge:

This case presents the question of whether a homeowners association must demonstrate all five elements of common law fraud, including misrepresentation and reliance, to prove that its claim for delinquent homeowners dues is nondischargeable under 11 U.S.C. § 523(a)(2)(A). We hold that it must.

This case also presents the question of whether a bankruptcy court abuses its discretion by vacating its own order of dismissal. We hold that it does not.

I

Appellee Thomas John Slyman became delinquent in paying his homeowners dues on a residence in a development managed by Turtle…

2Cases cited11 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
  3. Bankr. L. Rep. P 74,355 in Re Robert Britton, Debtor. Robert Britton v. Mary PriceCourt of Appeals for the Ninth Circuit · 1991
  4. In Re P.R.T.C., Inc., Debtor. Duckor Spradling & Metzger v. Baum TrustCourt of Appeals for the Ninth Circuit · 1999
  5. In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997

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3Cited by140 opinions

  1. In Re: Charles Michael Harmon, Debtor. Charles Michael Harmon v. Donald KobrinCourt of Appeals for the Ninth Circuit · 2001
  2. Ghomeshi v. SabbanCourt of Appeals for the Ninth Circuit · 2010
  3. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  4. Oney v. Weinberg (In Re Wienberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  5. Deitz v. FordCourt of Appeals for the Ninth Circuit · 2014

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