Heffner et al v. First Virginia Community Bank

Filing 10

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 3/23/17. (klau, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division In re: REBECCA FAYE HEFFNER AND GEORGE DEWEY HEFFNER, Debtors. REBECCA FAYE HEFFNER AND l:16-cv-1506 (LMB/JFA) GEORGE DEWEY HEFFNER, Appellants 15-01177-BFK V. FIRST VIRGINIA COMMUNITY BANK Appellee. MEMORANDUM OPINION Debtor-Appellants Rebecca Faye Heffiier and George Dewey Heffiier ("appellants" or "the Heffiiers") appeal the finding of the United States Bankruptcy Court for the Eastern District of Virginia ("bankruptcy court") that their debt to First Virginia Community Bank ("appellee" or "FVCB") is non-dischargeable under 11 U.S.C. § 523(a)(2)(B), 11 U.S.C. § 723(a)(3), and 11 U.S.C. § 727(a)(5). For the reasons that follow, the bankruptcy court's finding of nondischargeability will be affirmed. I. FACTUAL BACKGROUND The Heffiiers are a married couple who owned a convenience store called Little Coimtry Store, Inc., m Purcellville, Loudon County, Virginia. [Bankr. Dkt. 70] at 3. In April 2011, they also owned Heffiier Properties, LLC ("HP"), which in turn owned "a 58.5 acre parcel of real property also located in Purcellville, referred to by the parties as the 'Mountain Property.'" Id. In April 2011, the Heffiiers "applied for a commercial loan with FVCB." Id, at 3. As part of that application, the Heffiiers and their bookkeeper, Ellis Hawkins ("Hawkins"), met with FVCB's commercial lending officer. Bill Byers ("Byers"). Id The bankruptcy court found that

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