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116039P.pdf 11/18/2011 Samuel J. Temperato Trust v. Jeffrey Unterreiner
U.S. Court of Appeals Case No: 11-6039
U.S. Bankruptcy Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Saladino, Author, with Kressel, Chief Judge, and
Federman, Bankruptcy Judge]
Bankruptcy Appellate Panel. Debtors' representations were made to a
bank, not the trust, and the loan was made by the bank, not the trust; as a
result, because the trust could not establish that debtors obtained money
or financing from it at the time of the representations, it failed to establish
the statutory requirements of Sec. 523(a)(2), and the bankruptcy court
erred in granting the trust's motion to deny debtors a discharge; reversed
and remanded for further proceedings.