McKell v. Griffith (In re Griffith)
McKell v. Griffith (In re Griffith)
Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The matter before the Court is the Plaintiffs Complaint for determination of dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A)-(B). A trial was held on January 18, 2017 at 9:00 a.m. The Plaintiff, Robert McKell, and his counsel, Joshua
I.INTRODUCTION
In this case, the Debtor learned of a potentially lucrative business investment but needed immediate cash before the window of opportunity closed. The Debtor approached a social and business acquaintance (the “Creditor”) to lend him $25,000 with the promise of a $50,000 repayment within 30 days. To “secure” the loan, the Debtor gave the Creditor a warranty deed on residential property. The Debtor represented there was sufficient equity in the property to fully satisfy the loan, when in fact a trust deed fully encumbered the property. The investment failed, no payments were made on the loan, but the Creditor never recorded the warranty deed. Five years later, with the Debtor now in bankruptcy, the Creditor asks this Court to declare the debt nondischargeable based on the Debtor’s misrepresentation of equity in the property. The Debtor counters that he did not know the trust deed had been recorded, and that his former employer had agreed to pay off the note associated with the trust deed; thus, at the time of the loan, the Debtor had a genuine and reasonable belief that there was sufficient equity in the property to satisfy the obligation. For the reasons set forth below, the Court finds that the debt is dischargeable.
II. JURISDICTION, NOTICE, AND VENUE
The Court has jurisdiction over this contested matter pursuant to 28 U.S.C. § 1334(a)-(b) and 28 U.S.C. § 157(b). The Plaintiffs request for a determination as to the dischargeability of a particular debt is a core, proceeding under 28 U.S.C. § 157(b)(2)(I), and the Court may enter a final order. Venue is appropriate in this District under 28 U.S.C. §§ 1408 and 1409, and notice of this hearing was properly given to all parties in interest.
III. FINDINGS OF FACT
1) The Loan
Shortly before October 11, 2011, Debt- or/Defendant Kevin Robert Griffith (the “Debtor”) approached a social and business acquaintance, Robert McKell (“McKell”), with a short-term, overseas investment opportunity involving the production of identification cards for African immigrants seeking entry into European countries (the “ID Card Venture”).
a) The Promissory Note & Warranty Deed
The promissory note provided that McKell would loan the Debtor $25,000,
b) The Handwritten Document & the Tax Assessment
Also at the bank, the Debtor wrote out and signed a declaration regarding equity in the Property (the “Equity Declaration”).
While at the bank, McKell also had the Debtor review and initial a print-out from the Denver County Assessor’s Office re
After completing their negotiations and reviewing and signing the documents, McKell delivered to the Debtor the sum of $25,000.
2) The Debtor Defaults on the McKell Note
The ID Card Venture did not pan out, and the Debtor did not repay the McKell Note on November 10, 2011.
a) McKell’s Testimony
McKell testified that after the default, he tried to contact the Debtor by phone, but was unsuccessful. McKell also contacted other individuals he thought might know of the Debtor’s whereabouts, but again, these efforts were unsuccessful. Sometime later (McKell could not provide even a general date), McKell hired an attorney to collect the debt. Approximately a year later on October 26, 2012, McKell’s attorney sent a letter to the Debtor demanding payment of $58,666.66 under the McKell Note.
b) The Debtor’s Testimony
In contrast to McKell’s testimony, the Debtor stated that after November 10, 2011, he saw McKell on a “regular basis” at the office. In fact, he and McKell were still working on other investments during that time in an effort to repay McKell. While the ID Card Venture was unsuccessful, the Debtor believed other investments would yield returns to repay McKell.
A year later in October 2012, and at approximately the same time as McKell’s demand letter, the Debtor left for Hong Kong to focus on other investments that he hoped would provide for repayment to MeKell. The Debtor believed that pursuing investment opportunities in Asia would be the fastest way to repay MeKell.
3) The MTM Ltd. Trust Deed
At the core of MeKell’s complaint is the allegation that the Debtor’s representation of equity was materially false because the Property was subject to a previously-recorded trust deed for $630,000. In response, the Debtor asserts he was aware of the trust deed but did not know it had been recorded. On its face, it tests the limits of credibility for a party to assert they were not aware of a trust deed signed by them—especially one for over half a million dollars. However, the Debtor’s explanation, while complex and not fully joined, is plausible.
At some point after the Debtor’s default (MeKell could not recall a date), McKell’s attorney informed him that the Property was subject to a $630,000 trust deed signed by the Debtor and recorded on August 21, 2008, in favor of MTM, Ltd. (the “Trust Deed”).
The events involving the execution and recording of the Trust Deed begin in 2007. Between 2007 and October 2008, the Debt- or was a 25% owner of Solution X, and for a time he served as its Chief Executive Officer. On November 26, 2007, Solution X and its principals, including the Debtor, signed a promissory note for $630,000 in favor of MTM Ltd. in repayment of a $1,025,000 investment in Solution X (the “Morley Note”).
The Debtor testified that he pledged his properties to help his friend Morley obtain new financing for his construction business. At the time of the Morley Note, the Debtor understood that Morley was experiencing financial difficulties, partially caused by the delay of Solution X in repaying Morley’s investment. Morley wanted to use the Debtor’s properties to improve his balance sheet to obtain new financing for MTM Ltd. The Debtor also testified that based on his conversations with Morley, it was never the parties’ intent that the Debtor would personally repay the Morley Note. Indeed, Morley never made a demand on the Debtor to repay the Morley Note and Morley never threatened or initiated foreclosure proceedings under the Trust Deed.
a) May—July 2008—the Debtor Signs a Trust Deed in Favor of Morley
On May 12, 2008, Morley emailed the Debtor saying, “I could send you the deed sp I could get started on the loan if there is a [sic] address or I could just email it and you could sign it and send it back if you have time.”
b) The October 2008 Agreement Between the Debtor and Solution X
On October 2, 2008, the Debtor signed an agreement severing his relationship and employment with Solution X (the “Severance Agreement”).
[Solution X International] agrees to accept full responsibility for the Mike Morley Note, which was revised on or about September 19, 2008, and [Solution X International] further agrees to allow Morley, at Morley’s discretion, to release GRIFFITH’S personal guarantee on the original Note, and further to release GRIFFITH’S houses as collateral and deed them back to GRIFFITH, despite the language in the revised Note to the contrary.
The Debtor testified that the “Mike Morley Note” referenced in this section
c) Events After the Severance Agreement
After the Severance Agreement in October 2008, the Debtor understood, through conversations' with Morley, that Morley was receiving “sizable” payments from Solution X under the Solution X Note.
In summary, the Debtor testified to the following regarding the Morley: Note and the Trust Deed: (1) the parties never intended that the Debtor would .make payments on the Morley Note or that Morley would ever foreclose on the Trust Deed; (2) that at all relevant times, the Debtor was in regular communication with Morley; (3) between July 2008 and October 2011, Morley never indicated that he had recorded the Trust Deed; (4) the Debtor believed that Solution X had assumed all liability under the Morley Note and that Morley would release his claim to the Debtor’s properties as collateral for the Morley Note; (5) at the time of the McKell Note, the Debtor did not know that Morley had recorded the Trust Deed; (6) the Debtor was not aware of any action to foreclose the Trust Deed; and (7) the first time the Debtor learned that the Trust Deed had been recorded was when McKell filed an adversary proceeding in his prior chapter 13 bankruptcy case and provided a copy to the Debtor.
McKell further alleges that the Debtor represented that he was the sole owner of the Property when in fact he co-owned it with his ex-spouse Susan Griffith. The Debtor and Susan Griffith, acquired the Property in 1984 for $70,000.
The Debtor testified that after the divorce, he contributed between $170,000 and $200,000 towards the Property. These contributions included paying off the initial mortgage of $70,000, making $100,000 in improvements, paying property taxes, and repairing damages caused by renters. Based on his contributions to the Property, the Debtor testified that at the time of the Loan, he believed any equity Susan Griffith had in the Property had been effectively “wiped out” under the terms of the modified divorce decree. Nonetheless, the Debtor testified that he was uncertain as to the exact nature of Susan Griffith’s interest in the Property because he was unaware of any court order regarding the same. The Court will thus conclude that Susan Griffith is presently a co-owner of the Property, but for purposes of this matter only, that she has no claim to any equity in the Property.
IV. CONCLUSIONS OF LAW & ANALYSIS
As a preliminary matter, the Court notes that it had the opportunity to evaluate the testimony of the Debtor and McKell. The Court finds the testimony of the Debtor to be generally and relatively more credible than McKell’s testimony, which was often evasive, sometimes coy, and frequently unresponsive to questions.
1) The Applicable Legal Standard— § 523(a)(2)(A) or § 523(a)(2)(B)
The Court must first determine which subsection of § 523(a) controls— § 523(a)(2)(A) or (a)(2)(B). Section 523(a)(2)(B) applies if the Debtor’s written representations regarding equity in the Property related to his “financial condition.” Otherwise, § 523(a)(2)(A) applies with its causes of action for false pretenses, false representations, or actual fraud. This determination has various consequences, but most relevant to this case is that a statement in writing respecting a debtor’s financial condition requires “reasonable” reliance, while, under controlling case law, § 523(a)(2)(A) only requires “justifiable” reliance.
The Tenth Circuit has held that a writing respecting a debtor’s financial condition is limited to “[statements that present a picture of ... the debtor or insider’s
2) False_Representations— § 523(a)(2)(A).
Section 523(a)(2)(A) states in relevant part: “(a) [a] discharge under section 727 ... does not discharge an individual debtor from any debt ... (2) for money ... to the extent obtained by—<A) false pretenses, a false representation, or actual fraud ....”
To except a debt from discharge for false representation, a “creditor must prove the following elements: (1) [t]he debtor made a false representation; (2) the debtor made the representation with the intent to deceive the creditor; (3) the creditor relied on the representation; (4) the creditor’s reliance was justifiable; and (5) the debtor’s representation caused the creditor to sustain a loss.”
a) Representations in the McKell Note
The Debtor made two representations in the McKell Note. First, “Maker [the Debt- or] warranties that this property is owned by Maker.”
The second representation in the McKell Note is that the Property was “free and clear of encumbrances.”
b) Representations in the Equity Declaration
The Debtor also made two representations in the Equity Declaration. First that the “[ejquity in the home referenced in this transaction belongs to Kevin R. Griffith.”
The second representation was that the equity in the Property “fully secures this loan dated 11 October 2011 between the ‘Parties’, Kevin R. Griffith and Robert C. McKell.”
c) Justifiable Reliance
As indicated above, since McKeU’s cause of action arises under § 523(a)(2)(A), the Court must find that he relied on these misrepresentations and that such reliance is “justifiable.” Justifiable reliance is an intermediate, subjective standard positioned between “reasonable” reliance and “mere” reliance.
Testimony was elicited from both parties as to McKell’s “knowledge and intelligence.” The Court finds that McKell has greater business knowledge and experience than he represented at trial, such that he and the Debtor were generally on equal footing as to their negotiating positions and business acumen.
It is undisputed that McKell required the Warranty Deed to make him whole if the Loan was not repaid. While there was conflicting testimony on the issue, the Court finds that McKell prepared the McKell Note and the Warranty Deed and brought them to the bank at the time of the Loan. The Debtor signed these documents and provided McKell with the Equity Declaration for purposes of assuring McKell that he would have recourse against the Property in the event of Default. There is nothing in the Loan documents that “from a cursory glance” would have put McKell on notice as to the existence of the Trust Deed. Thus, applying the applicable legal standard to the facts of the case, the Court finds that even though McKell did not conduct a title search or otherwise check for encumbrances on the Property, he was justified in relying on the Debtor’s representations that the Property had sufficient equity to fully cover the $50,000 repayment of the Loan.
However, it is a closer call as to McKell’s belief that the Debtor’s ex-spouse, Susan Griffith, did not have an interest in the Property. The Court finds that McKell saw the Tax Assessment the day before or on the day of the Loan and was therefore aware, at least according to the county records, that the Property was titled in the name of the Debtor and Susan Griffith. Thus, the Court finds that McKell was not justified in his reliance to the extent he asserts he did not know that Susan Griffith was a co-owner of the Property.
d) Intent to Deceive
Having found a misrepresentation and justifiable reliance, the dispositive issue is whether at the time of the Loan the Debtor acted with the requisite scien-ter to deceive McKell as to the equity in the Property and/or his intent to repay the Loan, The Tenth Circuit has limited the harsh result of nondischargeability to “frauds involving moral turpitude or intentional wrong.”
When analyzing a debtor’s subjective intent to deceive, the court may draw inferences “from the totality of the circumstances.”
A misrepresentation is fraudulent if the maker—
(a) knows or believes that the matter is not as he represents it to be,
(b) does not have the confidence in the accuracy of his representation that he states or implies, or
(c) knows that he does not have the basis for his representation that he states or implies.67
Applying the evidence to the applicable legal standards, the Court finds that the Debtor did not intend to deceive McKell. The Debtor testified that his representations regarding equity in the Property, made in the McKell Note, the Warranty Deed, and the Equity Declaration, were honest and accurate based on his knowledge at the time he made such representations.
Specifically, the Debtor testified that while he had signed the Morley Note and the Trust Deed, he was not aware that Morley had recorded the Trust Deed against the Property. Indeed, there was no evidence that the recorded Trust Deed had been provided to the Debtor prior to McKell’s filing of an adversary proceeding in March 2015. The Debtor’s belief that the Trust Deed had not been recorded was founded upon his multiple conversations with Morley, who never demanded pay
The Debtor further supported the reasonableness of this belief by producing the Severance Agreement, which provided that Solutions X would assume and satisfy the Morley Note. The Debtor also testified that the Morley Note was never intended to be his personal obligation because Morley was his long-time, close friend. Further, Morley asked the Debtor for the Trust Deed because Solution X was slow in making payments to Morley, and Morley needed it to assist in procuring financing relating to other projects. In other words, the transaction between the Debtor and Morley was one of friendship and accommodation rather than an arms-length, debtor/creditor relationship. Thus, the Debtor testified that the parties never intended that that Morley would seek repay of the Morley Note from the Debtor directly or that Morley would foreclose on the Trust Deed.
Besides this, the Debtor’s subsequent conduct shows he did not intend to deceive McKell. Upon the failure of the ID Card Venture, the Debtor continued working on other investments with the intent to repay McKell. Though the Debtor and McKell gave different accounts of the events after default, the Court finds the Debtor’s version to be credible. The Court agrees that McKell seemed exclusively interested in a cash repayment rather than exercising his remedy to take title to the Property by recording the Warranty Deed.
While not all of the Debtor’s declarations regarding his belief that the Trust Deed was unrecorded are equally compelling, any doubt as to a debtor’s culpability and intent is to be resolved in the debtor’s favor, and the Court will do so in this instance.
3) False Pretenses—§ 523(a)(2)(A)
Unlike false representations which are express misrepresentations, false pretenses involve a series of events that, when considered collectively, create a contrived and misleading understanding of a transaction that wrongfully induced a creditor to extend money to the debtor.
An examination of the Debtor’s conduct evidences that the Debtor did not obtain the Loan under false pretenses, and that he did not wrongfully induce McKell to loan him money. At the time of the Loan, the Debtor believed there was sufficient equity in the Property to fully secure the $50,000 McKell Note. Although factually incorrect, this belief was reasonably based on the Debtor’s prior communications and dealings with Morley and Solution X. The veracity of the Debtor’s intent at the time of the Loan is also supported by his subsequent conduct. The Court finds the Debtor’s testimony to be credible that he worked to repay McKell. Although traveling to Asia to pursue investment opportunities complicated his communications with McKell, that was the nature of the Debtor’s business and the Court will not make any negative inferences from this fact. Based on the “totality of the circumstances” and the evidence before the Court, the Court finds that the Debtor did not obtain the money through false pretenses.
4) Actual Fraud—§ 523(a)(2)(A)
To except a debt from discharge “based on actual fraud, the creditor
In this case, the Court finds that the Debtor did not engage in an ongoing scheme to deprive McKell of his money by misrepresenting the extent of equity in the Property. Indeed, the Debtor testified, and the Court finds, that at the time of the Loan, he fully intended to repay McKell through the ID Card Venture. Later, after the Loan came due, the Debtor testified that he worked to repay McKell from other investments. The Court accepts this testimony as evidence that the Debtor never intended to deprive McKell of amounts owing under the McKell Note. Further, the Debtor never infringed on McKell’s right to record the Warranty Deed on the Property. Therefore, nothing in the record shows that the Debtor engaged in actual fraud to deprive McKell of his money. Therefore, McKell has not carried his burden to establish actual fraud in this case.
V. CONCLUSION
The Court finds that the debt owing to McKell is not excepted from discharge under § 523(a)(2)(A) or (a)(2)(B).
. The Debtor testified that he made his proposal to McKell within 24 to 48 hours before they executed the loan documents on October 11,2011.
. The Debtor stated that he expected to make a "large profit” from this investment opportunity.
. McKell testified that he funded the Loan with $25,000 withdrawn from his personal account at Zions Bank.
. During the trial, both McKell and the Debt- or disputed who prepared the promissory note and warranty deed. Plaintiff’s Exh. 1 and 2. Indeed, they both stated that the other brought these documents to the bank. However, there is no dispute that the Debtor prepared the handwritten document while at the bank. See Plaintiffs Exh. 3. McKell testified that the details of the loan were not discussed until they arrived at the bank.
. Plaintiff's Exh. 1.
. Id. The Debtor testified that he could have obtained more favorable loan terms from a "standard lender.” However, due to the short timeframe of the investment opportunity, he had to act quickly and that is why he contacted McKell, who he knew from prior social and business interactions.
. Id.
. Id.
. Id.
. Plaintiff’s Exh. 2. The Debtor testified that at the time of the Loan he did not understand the difference between a warranty deed and a trust deed.
. See Plaintiff's Exh. 3. The Debtor testified that it is his handwriting on the Equity Declaration.
. Id.
. See Defendant’s Exh. B. While the Court is not relying on this exhibit for purposes of establishing the actual value of the Vrain St. Property, it is relevant as to what information McKell knew about the Vrain St. Property through his own investigation,
. Id. The address listed for the Property on the Tax Assessment matched the Mckell Note and Warranty Deed. Compare Plaintiff's Exh. 1 and 2.
. Plaintiff’s Exh. 1,
. Plaintiff’s Exh. 4.
. Id.
. Id.
. McKell testified that he had never attempted to "foreclose” on the Property, but later stated that "someone” went out to Colorado to foreclose. However, he was unclear what happened with this effort.
. The Debtor testified that the nature of the investments involved the purchase and sale of financial instruments in Asia and Europe, including bank guarantees and medium-term notes.
. The Debtor testified that MeKell never personally demanded repayment of the Loan through any of their conversations or communications.
. The Debtor stated that traveling to Asia was necessary to pursue investment transactions because another business associate had done “some fraudulent, illegal things” that resulted in "devastating financial circumstances” for him.
. The Debtor explained the risks involved with these investment transactions. He stated that “you could do a lot of work and the transaction might not complete.” Additionally, he testified that he had put his own money, "hundreds and thousands,” into separate investments and had not been repaid.
. Plaintiffs Exh 6.
. Plaintiff’s Exh. 8. Other parties were also included in the terms of this promissory note, but the Debtor, Solution X, and MTM LTD are the focus of this document.
. Plaintiff's Exh. 8 at ¶ 4. See also Schedule D in Case No. 15-20381 (Dkt. No. 5).
. Id. at ¶ 4.
. Plaintiff’s Exh. 9.
. Plaintiff's Exhs. 10-12.
. Plaintiff’s Exh. 6.
. Id. at p. 5 of 6.
. Id.
. Defendant’s Exh. A. The full parties to the agreement included the Debtor, Solution X, and Solution X International.
. Neither party produced a copy of the September 19, 2008 Note at the trial. Nevertheless, the Debtor testified that he understood from Morley and Mr. Shields, Solution X’s legal representative, that the Solution X Note "superseded” the earlier Morley Note.'
. The Debtor testified that before October 2008, he understood, after discussions with Morley, that Solution X was making payments to Morley on the Morley Note.
. The Debtor also stated that Morley communicated to him in their conversations that the Trust Deed would not be recorded.
. However, the Debtor testified he was unaware of the specific amounts of the payments and the actual payment schedule.
. The Debtor stated he learned this from an email, and that during this time Solution X had also stopped making payments to him under the Severance Agreement.
. See Case No. 15-20381 filed January ,19, 2015, and Adv. Pro. No, 15-02046 filed March 11, 2015, asserting claims for non-dischargeability under 11 U.S.C. § 523(a)(2)(A)-(B). Ultimately, the parties
.Plaintiff’s Exh. 5. Deed between Earnest R. Beall and Gayle L. Beall conveying the Property to the Debtor and Susan Griffith on June 25, 1984.
. Neither party produced a copy of the divorce decree at trial.
. Field v. Mans, 516 U.S. 59, 73-75, 116 S.Ct. 437, 133 L.Ed.2d 351 (1995).
. Cadwell v. Joelson (In re Joelson), 427 F.3d 700, 714 (10th Cir. 2005).
. Plaintiff's Trial Brief at 4, McKell v. Griffith, Adv. No. 15-02188 (Bankr. D. Utah Jan. 5, 2017), Dkt. No. 18.
. 11 U.S.C. § 523(a)(2)(A).
. See DSC Nat’l Props., LLC v. Johnson (In re Johnson), 477 B.R. 156, 168 (10th Cir. B.A.P. 2012) (citation omitted).
. Id. at 1,69.
. Plaintiff’s Exh. 1.
. The parties contradicted each other as to who brought the Tax Assessment to the bank. The Court believes McKell obtained the Tax Assessment the day before the Loan because he had the Debtor initial, and McKell produced it as evidence. Nonetheless, the relevant point is that McKell saw the Tax Assessment at the time of the Loan and it had sufficient significance to him that he had the Debtor initial it. The Court must therefore conclude that he saw its disclosure as to the owners of the Property.
,Defendant’s Exh. B. The address listed for the Property on the Property Information Statement matched the Note and Warranty Deed. Compare Plaintiff’s Exh. 1 and 2.
. Plaintiff's Exh. 1,
. ' Compare Plaintiff’s Exhs. 1 and 6.
. Plaintiff's Exh. 3.
. Id.
. Field v. Mans, 516 U.S. 59, 72-73, 116 S.Ct. 437, 133 L.Ed.2d 351 (1995).
. Id. at 71, 116 S.Ct, 437 (quoting the Restatement (Second) of Torts (1976) § 541, cmt. a (1976)).
. Id. (citation omitted).
. For instance, when first asked about his profession, McKell stated he was a heavy equipment operator and was not in the business of lending money. However, McKell later admitted that he had a prior interest- in at
. Driggs v. Black (In re Black), 787 F.2d 503, 505 (10th Cir. 1986) (abrogated on other grounds by Grogan v. Garner, 498 U.S, 279, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991)); Chevy Chase Bank FSB v. Kukuk (In re Kukuk), 225 B.R. 778, 787 (10th Cir. B.A.P. 1998); N. N.M. Orthopaedic Ctr., P.C. v. Auge (In re Auge), 2015 WL 1867894, 2015 Bankr. LEXIS 1398 (Bankr. D. N.M. Apr. 22, 2015).
. First Nat’l Bank v. Cribbs (In re Cribbs), 327 B.R. 668, 674 (10th Cir. B.A.P. 2005), aff'd, First Nat’l Bank v. Cribbs (In re Cribbs), No. 05-6225, 2006 WL 1875366 (10th Cir. July 7, 2006). See also Kukuk, 225 B.R. at 786-88.
. DSC Nat’l Props., LLC v. Johnson (In re Johnson), 477 B.R. 156, 169 (10th Cir. B.A.P. 2012) (citation omitted).
. Id. (citing In re Cribbs, 327 B.R. at 673).
. Id.
. Id. (citing In re Kukuk, 225 B.R. at 787).
. Id. at 170.
. Groetken v. Davis (In re Davis), 246 B.R. 646, 652 (10th Cir. B.A.P. 2000) ("A debtor does not make a false representation under § 523(a)(2)(A) merely by presenting a check for payment which later bounces. Rather, the creditor must show that the debtor was guilty of misrepresentation with intent to defraud in direct connection with issuance of the check. A false representation can be established if the debtor did not intend to pay the creditor when the check was issued and knew that the check would bounce.”) (citations omitted), affd in part, vacated, and remanded in part on other grounds, 35 Fed.Appx. 826 (10th Cir. 2002).
. In re Johnson, 477 B.R. at 170 (quoting the Restatement (Second) of Torts § 526 (1976)).
. Id. at 168.
. Cordell v. Sturgeon (In re Sturgeon), 496 B.R. 215, 223 (10th Cir. B.A.P. 2013) (citation omitted).
. Hatfield v. Thompson (In re Thompson), 555 B.R. 1, 10 (10th Cir. B.A.P. 2016).
. Husky Intern. Elec., Inc. v. Ritz, — U.S. —, 136 S.Ct. 1581, 1586, 194 L.Ed.2d 655 (2016).
. In re Thompson, 555 B.R. at 11 (citing Ritz, 136 S.Ct. at 1587).
. Id. at 11 (citing In re Vickery, 488 B.R. 680, 690 (10th Cir. B.A.P. 2013) (quoting Mellon Bank, N.A. v. Vitanovich (In re Vitanovich), 259 B.R. 873, 877 (6th Cir. B.A.P. 2001))).
Reference
- Full Case Name
- IN RE: Kevin Robert GRIFFITH, Debtor. Robert McKell v. Kevin Robert Griffith
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- 1 case
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