Legal Opinion
SMC Holdings, LLC v. McCann (In re McCann )
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided July 9, 2019No. 19-6009Published
1Opinion of the Court
SHODEEN, Bankruptcy Judge,
The Debtor, Aaron McCann, appeals the bankruptcy court's1 February 11, 2019 judgment determining SMC Holdings, LLC's claim against him was nondischargeable.
BACKGROUND
SMC Holdings, LLC filed an adversary proceeding to except its debt from McCann's discharge under 11 U.S.C. § 523(a)(2)(A). At the end of the trial, after presenting no defense, McCann's counsel made an oral motion for judgment on partial findings on the basis that SMC was not the real party-in-interest. Fed. R. Civ. P. 17(a) ; Fed. R. Bankr. P. 7017 ; Curtis Lumber Co. v. La. Pac. Corp. , 618 F.3d 762,…
2Cases cited5 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- April M. Clark v. Marvin T. Runyon, Jr., in His Official Capacity as Postmaster General of the United States Postal ServiceCourt of Appeals for the Eighth Circuit · 2000
- Zahn v. FinkCourt of Appeals for the Eighth Circuit · 2008
- Curtis Lumber Co., Inc. v. Louisiana Pacific Corp.Court of Appeals for the Eighth Circuit · 2010
- Samuel J. Temperate Revocable Trust v. Unterreiner (In Re Unterreiner)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011