New Falls Corp. v. Boyajian (In Re Boyajian)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
DUNN, Bankruptcy Judge.
The bankruptcy court determined as a matter of law that in order for an assignee creditor to prevail in an exception to discharge adversary proceeding brought pursuant to § 523(a)(2)(B), 1 the assignee creditor must have reasonably relied on the materially false financial statement provided by the debtor. We REVERSE.
I. FACTS
On July 13, 1999, Blue Diamond Straw & Toothpick Company, Inc. (“Blue Diamond”) entered into a lease agreement (“Epic Lease”) with Epic Funding Corporation (“Epic”). Pateel Boyajian (“Pa-teel”) and Salpy Boyajian (“Salpy”), sisters…
2Cases cited23 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- Field v. MansSupreme Court of the United States · 1995
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Harold W. McClellan v. Bobbie Darrell CantrellCourt of Appeals for the Seventh Circuit · 2000
- Pacific Coast Agricultural Export Ass'n v. Sunkist Growers, Inc.Court of Appeals for the Ninth Circuit · 1975
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3Cited by34 opinions
- Boyajian v. New Falls Corp.Court of Appeals for the Ninth Circuit · 2009
- Trejos v. VW Credit, Inc. (In Re Trejos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Heritage Pacific Financial, LLC v. Montano (In Re Montano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Hopkins v. Cerchione (In Re Cerchione)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Monarch Capital Corp. v. Bath (In Re Bath)United States Bankruptcy Court, E.D. Pennsylvania · 2010
29 more not listed; retrieve them via the Exa API.