Legal Opinion

Stephen Bandi v. Christopher Becnel

Court of Appeals for the Fifth Circuit

Decided June 12, 2012No. 11-30654PublishedCited by 20 opinions

1Opinion of the Court

OWEN, Circuit Judge:

The principal question in this appeal is the proper construction of the phrase “respecting the debtor’s ... financial condition” as it appears in 11 U.S.C. § 523(a)(2)(A) and (a)(2)(B). Because we agree with the bankruptcy court’s interpretation and find no clear error in that court’s determination that the debtors obtained an advance of money through actual fraud, we affirm the judgment of the district court.

I

Christopher Becnel is the holder of a $150,000 promissory note executed by Charles Bandi on behalf of RSB Companies, LLC (RSB) and personally guaranteed by Charles…

2Cases cited10 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. Cadwell v. Joelson (In Re Joelson)Court of Appeals for the Tenth Circuit · 2005
  3. Total Minatome Corp. v. Jack/Wade Drilling, Inc.Court of Appeals for the Fifth Circuit · 2001
  4. In Re Peter Bogdanovich & Louise Hoogstratten Bogdanovich, Debtors. Gerald Schneiderman, Aly Spencer, and Barry Spencer v. Peter Bogdanovich & Louise Hoogstratten Bogdanovich, Debtors-AppellantsCourt of Appeals for the Second Circuit · 2002
  5. Tummel & Carroll v. QuinlivanCourt of Appeals for the Fifth Circuit · 2005

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3Cited by20 opinions

  1. Lamar, Archer & Cofrin, LLP v. ApplingSupreme Court of the United States · 2018
  2. Privitera v. CurranCourt of Appeals for the First Circuit · 2017
  3. R. Scott Appling v. Lamar, Archer & Cofrin, LLPCourt of Appeals for the Eleventh Circuit · 2017
  4. Privitera v. Curran (Curran)Bankruptcy Appellate Panel of the First Circuit · 2016
  5. Trustmark Nat'l Bank v. Tegeler (In re Tegeler)United States Bankruptcy Court, S.D. Texas · 2018

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