Legal Opinion
DSC National Properties, LLC v. Johnson (In re Johnson)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided August 15, 2012No. BAP No. UT-11-105; Bankruptcy No. 08-28292; Adversary No. 09-02214PublishedCited by 63 opinions
1Opinion of the Court
OPINION
RASURE, Bankruptcy Judge.
Appellant/Debtor Alan Denoil Johnson (“Johnson”) appeals the Final Judgment and Order (“Judgment”) excepting from discharge, under 11 U.S.C. § 523(a)(2)(A),1 the debt owed to Appellee/Creditor DSC National Properties, LLC (“DSC”). Because we conclude that the bankruptcy court erred in determining that Johnson intended to deceive DSC, we REVERSE.
I. BACKGROUND2
Johnson had been in the farming and ranching business in Utah since graduating from high school. He took over his father’s farm in the 1980s and began raising cattle. In the 1990s, Johnson sold some of the…
2Cases cited18 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Grogan v. GarnerSupreme Court of the United States · 1991
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Field v. MansSupreme Court of the United States · 1995
- Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Diamond v. Vickery (In re Vickery)Bankruptcy Appellate Panel of the Tenth Circuit · 2013
- Hot Shot Kids Inc. v. Pervis (In re Pervis)United States Bankruptcy Court, N.D. Georgia · 2014
- William Wagner v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2015
- Gross v. Osborne (In re Osborne)United States Bankruptcy Court, D. New Mexico · 2014
- Hubanks v. Jouett (In re Jouett)United States Bankruptcy Court, N.D. Oklahoma · 2014
58 more not listed; retrieve them via the Exa API.