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.
126046P.pdf 12/20/2012 Bank of Nebraska v. Mark Rose
U.S. Court of Appeals Case No: 12-6046
U.S. Bankruptcy Court for the District of Nebraska - Omaha
[PUBLISHED] [Nail, Author, with Kressel, Chief Judge, and
Schermer, Bankruptcy Judge]
Bankruptcy Appellate Panel. Bankruptcy court applied the proper
standard in determining whether the bank reasonably relied on debtor's
written statements; appellant failed to provide a transcript and other
record materials required to review the bankruptcy court's findings of
fact; debtor impliedly consented to the bankruptcy court's entering a final
judgment on state law counterclaims; even if the debtor did not so
consent, he did not have a pecuniary interest which would give him
standing to appeal the bankruptcy court's final judgment on the state law
claims; judgment determining the debt debtor owed the bank was
excepted from discharge under 11 U.S.C. Sec. 523(a)(2)(B) and denying
any recovery on debtor's counterclaim is affirmed.