Legal Opinion

Berr v. Federal Deposit Insurance Corp. (In Re BERR)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 14, 1994No. BAP No. EC-93-1436-RVJ. Bankruptcy No. 90-25580-C-7. Adv. No. 90-2458PublishedCited by 40 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The Federal Deposit Insurance Corporation (“FDIC”), as successor-in-interest, filed a complaint to determine the nondischarge-ability of debt pursuant to 11 U.S.C. §§ 523(a)(2)(A)1 and 523(a)(2)(B) of the Bankruptcy Code. The bankruptcy court determined that the debt owing to the FDIC was nondisehargeable under § 523(a)(2)(B) since it had reasonably relied on a materially false financial statement. The debtor appeals. We REVERSE and REMAND.

I. FACTS

The debtor, Edward Berr (“Berr”) was a resident of Hawaii. Berr had worked hard in the real estate business,…

2Cases cited37 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Brown v. FelsenSupreme Court of the United States · 1979
  5. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942

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

3Cited by40 opinions

  1. Kelly v. Okoye (In Re Kelly)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. Hayhoe v. Cole (In Re Cole)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. Younie v. Gonya (In Re Younie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Watson v. Shandell (In Re Watson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. New Falls Corp. v. Boyajian (In Re Boyajian)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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

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