DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

091916P.pdf   05/10/2010  R & R Ready Mix  v.  Todd Freier
   U.S. Court of Appeals Case No:  09-1916
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit   
   [PUBLISHED] [Melloy, Author, with Wollman and Hansen, Circuit
   Judges]
   Bankruptcy Case - non-dischargeability. Bankruptcy Appellate Panel's
   reversal of decision of bankruptcy court finding Freier's debt to R&R
   nondischargeable under 11 U.S.C. sec 523(a)(2)(A), 523(a)(2)(B) and
   523(a)(4) is reversed. Freier's assurance he was not using funds for
   personal use was intentional misrepresentation of a material fact
   regardless of whether he spoke in the present or future tense. Bankruptcy
   court did not clearly err in finding Freier knew his statement about
   drawing funds was false or in finding R&R relied on the representations. 
   Decision treating T.F. debt as Freier's personal debt is affirmed.