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.
126058P.pdf 04/18/2013 David Heide v. David Juve
U.S. Court of Appeals Case No: 12-6058
U.S. Bankruptcy Court for the District of Minnesota - Fergus Falls
[PUBLISHED] [Nail, Author, with Federman, Chief Judge, and Schermer,
Bankruptcy Judge]
Bankruptcy Appellate Panel. For the Panel's earlier opinion in the
matter, see Heide v. Juve (In re Juve), 455 B.R. 890 (BAP 8th Cir. 2011).
The record does not support the bankruptcy court's finding that debtor
made a fraudulent representation to Heide concurrent with Heide's loans
under the parties' modified oral agreement, and the bankruptcy court's
judgment is reversed to the extent it determined $300,000 of the amount
debtor owes Heide is nondischargeable; however, another portion of the
money loaned to debtor was obtained under false pretenses, and the
record amply supported the bankruptcy court's conclusion that the debt
for $50,490 arising from a 2008 Las Vegas deal was a personal debt
incurred by debtor and should be excepted from discharge.