Northland National Bank v. David Lindsey

Filing

PER CURIAM OPINION FILED - THE COURT: DIANA E. MURPHY, MORRIS S. ARNOLD and DUANE BENTON (UNPUBLISHED) [3833952] [11-1538]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-1538
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In re: David P. Lindsey,
Debtor,
--------------------------------Northland National Bank,
Appellant,
v.
David P. Lindsey,
Appellee.

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* Appeal from the United States
* Bankruptcy Appellate Panel
* for the Eighth Circuit.
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* [UNPUBLISHED]
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Submitted: September 26, 2011
Filed: September 29, 2011
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Before MURPHY, ARNOLD, and BENTON, Circuit Judges.
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PER CURIAM.
In this adversary proceeding brought pursuant to 11 U.S.C. § 523(a)(2)(B),
Northland National Bank (Northland) appeals from the decision of the Bankruptcy
Appellate Panel (BAP) affirming the bankruptcy court’s1 judgment denying
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The Honorable Jerry W. Venters, United States Bankruptcy Judge for the
Western District of Missouri.

Appellate Case: 11-1538

Page: 1

Date Filed: 09/29/2011 Entry ID: 3833952

Northland’s objection to debtor David Lindsey’s discharge in bankruptcy. Having
reviewed the bankruptcy court’s factual findings for clear error and its conclusions of
law de novo, we agree with the BAP that the bankruptcy court’s findings were
supported by the record and were not clearly erroneous. See In re Vote, 276 F.3d
1024, 1026 (8th Cir. 2002) (standards of review); see also 11 U.S.C. § 523(a)(2)(B)
(discharge under provisions of bankruptcy code does not discharge individual debtor
from debt to extent obtained by use of statement in writing that is (i) materially false;
(ii) respecting debtor’s financial condition; (iii) on which creditor to whom debtor is
liable reasonably relied; and (iv) that debtor caused to be made or published with
intent to deceive); First Nat’l Bank of Olathe v. Pontow, 111 F.3d 604, 608 (8th Cir.
1997) (to bar discharge under § 523(a)(2)(B), creditor must prove each statutory
element by preponderance of evidence). Accordingly, we affirm. See 8th Cir. R. 47B.
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Appellate Case: 11-1538

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Date Filed: 09/29/2011 Entry ID: 3833952