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.
102031P.pdf 04/12/2011 Darrell Marcusen v. Robert Glen
U.S. Court of Appeals Case No: 10-2031
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Wollman, Author, with Murphy and Colloton, Circuit Judges]
Civil case - Bankruptcy. Bankruptcy Appellate Panel did not err in
reversing the bankruptcy court's decision that the Glens' debt was
excepted from discharge under Sec. 523(a)(2)(A) as the bankruptcy court
erred in holding that a reduction in the value of the creditors' equity was
sufficient to satisfy the section's requirement that money or property had
to be obtained from the creditor; here any reduction in the value of their
equity was the result of the creditors' failure to record a mortgage and did
not result from any conduct by debtors that could be characterized as
fraudulent within the meaning of the statute.