Field v. Mans

U.S. Court of Appeals for the First Circuit

Field v. Mans

Opinion

August 29, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 94-1391

WILLIAM FIELD AND NORINNE FIELD,

Plaintiffs, Appellants,

v.

PHILIP W. MANS,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Martin F. Loughlin, U.S. Senior District Judge]

Before

Torruella, Chief Judge,

Selya and Cyr, Circuit Judges.

Christopher J. Seufert on brief for appellants.

Philip W. Mans on brief pro se.

Per Curiam. Having reviewed carefully the briefs and

the record in this case, we affirm the judgment of the

district court, affirming the decision of the bankruptcy

court denying appellants' request to have the debt of

approximately $150,000 of appellee to appellants excepted

from discharge under 11 U.S.C. 523(a)(2)(A).

This circuit has determined that to establish that a

debt is nondischargeable under 11 U.S.C. 523(a)(2)(A) a

creditor must prove, inter alia, that his "reliance was

reasonable in the circumstances." In re Burgess,

955 F.2d 134

, 140 (1st Cir. 1992). Since we find no clear error, see

In re Corporacion de Servicios Medicos Hospitalarios de

Fajardo,

805 F.2d 440, 447-48

(1st Cir. 1986) (determination

of reasonableness reviewed for clear error), in the finding

by the bankruptcy court that the creditors' reliance in this

case was not reasonable, the judgment below is affirmed.1

1. In bankruptcy matters, this court conducts an independent review of both the factual and legal findings of the bankruptcy court. In re G.S.F. Corp.,

938 F.2d 1467, 1474

(1st Cir. 1991). Therefore, any error committed by the district court in findings of fact during its review of the bankruptcy court decision would be harmless.

Reference

Status
Unpublished