DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
066042P.pdf 11/24/2006 Jack Lindau v. David P. Nelson
U.S. Court of Appeals Case No: 06-6042
District of Minnesota
[PUBLISHED] [Schermer, Author, with Federman and McDonald, Bankruptcy
Judges]
Bankruptcy Appellate Panel. The bankruptcy court erred in finding
the debt in question, which arose out of the sale of a failed business,
should be excepted under Section 532(a)(2)(A) of the Bankruptcy Code;
even accepting the creditor's version of the facts surrounding the sale
of the business, the creditor failed to show debtor made a false
statement, as his actions after agreeing to the sale were consistent
with an intention to complete the sale and did not show any intention
to defraud or deceive the creditor.