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Tustin Thrift & Loan Ass'n v. Peyton

Citation: 23 F. App'x 839Docket: No. 00-17531; BAP No. NC-00-01281-RRyP

Court: Court of Appeals for the Ninth Circuit; December 26, 2001; Federal Appellate Court

Narrative Opinion Summary

Tustin Thrift Loan Association appeals the Bankruptcy Appellate Panel's judgment affirming a bankruptcy judge's order that discharged Ralph and Mary Peyton's debt to Tustin. The court has jurisdiction under 28 U.S.C. § 158(d). Following an independent review of the bankruptcy court's rulings, the appellate court affirms the decision. The court found that the Peytons disclosed their other loan obligations and did not misrepresent information to the original lender, concluding that they lacked the intent to defraud Tustin as required under 11 U.S.C. § 523(a)(2)(B). The ruling is affirmed, and the disposition is not suitable for publication or citation within the circuit, as per Ninth Circuit Rule 36-3.

Legal Issues Addressed

Discharge of Debt under 11 U.S.C. § 523(a)(2)(B)

Application: The appellate court affirmed the bankruptcy court's decision to discharge the Peytons' debt, finding no intent to defraud the creditor as required by the statute.

Reasoning: The court found that the Peytons disclosed their other loan obligations and did not misrepresent information to the original lender, concluding that they lacked the intent to defraud Tustin as required under 11 U.S.C. § 523(a)(2)(B).

Jurisdiction under 28 U.S.C. § 158(d)

Application: The appellate court confirms its jurisdiction to review the Bankruptcy Appellate Panel's judgment under the statutory provision.

Reasoning: The court has jurisdiction under 28 U.S.C. § 158(d).

Precedential Value and Citation Restrictions

Application: The disposition of this case is deemed non-precedential and not suitable for citation within the circuit.

Reasoning: The ruling is affirmed, and the disposition is not suitable for publication or citation within the circuit, as per Ninth Circuit Rule 36-3.