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.
116006P.pdf 09/16/2011 David H. Heide v. David L. Juve
U.S. Court of Appeals Case No: 11-6006
U.S. Bankruptcy Court for the District of Minnesota - Fergus Falls
[PUBLISHED] [Schermer, Author, with Federman and Nail,
Bankruptcy Judges]
Bankruptcy Appellate Panel. The undisputed facts, viewed in the light
most favorable to debtor, do not support a determination that the
creditor's financing arrangement was with the debtor; at the time of the
loans, debtor's representations concerning the value of his inventory were
not false, and he could not, therefore, have obtained the loans by fraud;
debtor did not have an ongoing duty under Sec. 523(a)(2)(A) to advise
the creditor that the value of the inventory was decreasing and any failure
to do so was not fraudulent conduct