U.S. Court of Appeals for the Fourth Circuit, 2008

Gupta v. Kendall (In Re Kendall)

Gupta v. Kendall (In Re Kendall)
U.S. Court of Appeals for the Fourth Circuit · Decided August 13, 2008 · Niemeyer, Shedd, Hamilton
288 F. App'x 79

Gupta v. Kendall (In Re Kendall)

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Steven Kendall appeals from the district court’s order affirming the bankruptcy court’s order entering judgment in favor of Aparna Gupta on her action challenging the dischargeability, under 11 U.S.C. § 523(a)(2)(A) (2000), of a $65,000 loan made by Gupta to Kendall. We have reviewed the record on appeal and the parties’ briefs and conclude that the bankruptcy court did not clearly err in finding that the debt at issue constituted an “extension, renewal, or refinancing of credit,” and that it was procured through fraud, within the meaning of § 523(a)(2). See In re Biondo, 180 F.3d 126, 130 (4th Cir. 1999). Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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