Cho Hung Bank v. Kim (In re Kim)

U.S. Court of Appeals for the Ninth Circuit
Cho Hung Bank v. Kim (In re Kim), 62 F.3d 1511 (9th Cir. 1995)
95 Cal. Daily Op. Serv. 6659; 95 Daily Journal DAR 11413; 1995 U.S. App. LEXIS 23923

Cho Hung Bank v. Kim (In re Kim)

Opinion of the Court

ORDER

The Bankruptcy Appellate Panel held that fraudulently inducing a creditor’s extension of the due date for repayment of a loan was sufficient under 11 U.S.C. § 523(a)(2) to support a claim of nondischargeability against a debtor in bankruptcy, and it was not necessary for the creditor to show that “new money” was lent to the debtor. We agree. The opinion of the Bankruptcy Appellate Panel in In re Kim, 163 B.R. 157 (9th Cir. BAP 1994) is hereby adopted as the opinion of this Court.

AFFIRMED.

Reference

Full Case Name
In re Jong Gil KIM Jung W. Kim, Debtors. CHO HUNG BANK, a Korean corporation v. Jong Gil KIM Jung W. Kim, aka Jung Wha Kim aka Jung W. Cho Kim dba Gill & Company
Cited By
3 cases
Status
Published