Field v. Mans

• Court: Court of Appeals for the First Circuit
• Decided: September 13, 1994
• Docket: 94-1391
• Status: Published

Opinion

USCA1 Opinion

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                                [NOT FOR PUBLICATION]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

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No. 94-1391

                           WILLIAM FIELD AND NORINNE FIELD,

                               Plaintiffs, Appellants,

                                          v.

                                   PHILIP W. MANS,

                                 Defendant, Appellee.

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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF NEW HAMPSHIRE

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

                                Torruella, Chief Judge,
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                            Selya and Cyr, Circuit Judges.
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            Christopher J. Seufert on brief for appellants.
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            Philip W. Mans on brief pro se.
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Per Curiam.   Having  reviewed carefully the  briefs and
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            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
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            reasonable in the  circumstances."  In  re Burgess, 955  F.2d
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            134, 140  (1st Cir. 1992).  Since we find no clear error, see
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            In  re Corporacion  de  Servicios  Medicos  Hospitalarios  de
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            Fajardo, 805 F.2d 440,  447-48 (1st Cir. 1986) (determination
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            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
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            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
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            (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.