Bankr. L. Rep. P 76,616, 95 Cal. Daily Op. Serv. 6659, 95 Daily Journal D.A.R. 11,413 in Re Jong Gil Kim Jung W. Kim, Debtors. Cho Hung Bank, a Korean Corp. v. Jong Gil Kim Jung W. Kim, AKA Jung Wha Kim AKA Jung W. Cho Kim Dba Gill & Co., 62 F.3d 1511 (9th Cir. 1995). · Go Syfert
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Bankr. L. Rep. P 76,616, 95 Cal. Daily Op. Serv. 6659, 95 Daily Journal D.A.R. 11,413 in Re Jong Gil Kim Jung W. Kim, Debtors. Cho Hung Bank, a Korean Corp. v. Jong Gil Kim Jung W. Kim, AKA Jung Wha Kim AKA Jung W. Cho Kim Dba Gill & Co., 62 F.3d 1511 (9th Cir. 1995). Cases Citing This Book View Copy Cite
29 citation events (24 in the last 25 years) across 7 distinct courts.
Strongest positive: Cosme, II v. Taylor (akb, 2025-03-12)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Cosme, II v. Taylor
Bankr. D. Alaska · 2025 · confidence medium
Co. (In re Siriani), 967 F.2d 16 302, 305 (9th Cir. 1992) (explaining what a creditor must show to establish nondischargeable fraud 17 arising from creditor’s forbearance in enforcing pre-existing debt); Hung Bank v. Kim (In re Kim), 18 163 B.R. 157, 160-61 (B.A.P. 9th Cir. 1994) (following Siriani), aff'd & adopted, 62 F.3d 1511 19 (9th Cir. Aug. 23, 1995).
discussed Cited as authority (rule) In re: Syed S. Chowdaury
9th Cir. BAP · 2014 · confidence medium
In order to prevail on a § 523(a)(2)(A) claim based on 21 the creditor’s forbearance, the creditor must prove, among other 22 things, that at the time of the forbearance, “it had valuable 23 collection remedies.” Cho–Hung Bank v. Kim (In re Kim), 163 B.R. 24 157, 161 (9th Cir. BAP 1994), aff'd and adopted, 62 F.3d 1511 25 (9th Cir. 1995); see also Stevens v. Nw.
discussed Cited as authority (rule) In re: Syed S. Chowdaury
9th Cir. BAP · 2014 · confidence medium
In order to prevail on a § 523(a)(2)(A) claim based on 21 the creditor’s forbearance, the creditor must prove, among other 22 things, that at the time of the forbearance, “it had valuable 23 collection remedies.” Cho–Hung Bank v. Kim (In re Kim), 163 B.R. 24 157, 161 (9th Cir. BAP 1994), aff'd and adopted, 62 F.3d 1511 25 (9th Cir. 1995); see also Stevens v. Nw.
discussed Cited as authority (rule) In re: Syed S. Chowdaury
9th Cir. BAP · 2014 · confidence medium
In order to prevail on a § 523(a)(2)(A) claim based on 21 the creditor’s forbearance, the creditor must prove, among other 22 things, that at the time of the forbearance, “it had valuable 23 collection remedies.” Cho–Hung Bank v. Kim (In re Kim), 163 B.R. 24 157, 161 (9th Cir. BAP 1994), aff'd and adopted, 62 F.3d 1511 25 (9th Cir. 1995); see also Stevens v. Nw.
cited Cited "see" Ng v. Poole
Bankr. N.D. Cal. · 2022 · signal: see · confidence high
See Cho Hung Bank v. Kim 18 (In re Kim), 163 B.R. 157, 160-61 (Bankr. 9th Cir. 1994), aff’d 62 F.3d 1511 (9th Cir. 1995).
discussed Cited "see" Hillsman v. Escoto (In re Escoto)
Bankr. D. Nev. · 2014 · signal: see · confidence high
See Cho-Hung Bank v. Kim (In re Kim), 163 B.R. 157, 161 ( 9th Cir. BAP 1994), aff'd and adopted, 62 F.3d 1511 (9th Cir.1995). 4 See, e.g., Locke v. Milner (In re Locke), 205 B.R. 592, 598 (9th Cir. BAP 1996) (creditor lost valuable collection right where landlord did not call first letter of credit and debtor had fraudulently induced creditor to issue second letter of credit in favor of the landlord); Antioch Community Federal Credit Union v. Pagnini (In re Pagnini), 2012 WL 5489032 at *5-6 (9th Cir. BAP 2012) (creditor lost no valuable collection remedies when it failed to demonstrate that re…
discussed Cited "see, e.g." In re: Mark J. Escoto
9th Cir. BAP · 2017 · signal: see also · confidence low
See also 12 Cho Hung Bank v. Kim (In re Kim), 163 B.R. 157, 161 (9th Cir. BAP 13 1994), aff’d, 62 F.3d 1511 (9th Cir. 1995). 14 To comply with Siriani and demonstrate that the extension 15 proximately caused his loss, Hillsman needed to show: (1) that he 16 possessed valuable collection remedies at the time the loan term 17 was extended (here, at the time of settlement(s)); and (2) a 18 depreciation in the value of those remedies during the extended 19 repayment period.
discussed Cited "see, e.g." In re: Mark J. Escoto
9th Cir. BAP · 2017 · signal: see also · confidence low
See also 12 Cho Hung Bank v. Kim (In re Kim), 163 B.R. 157, 161 (9th Cir. BAP 13 1994), aff’d, 62 F.3d 1511 (9th Cir. 1995). 14 To comply with Siriani and demonstrate that the extension 15 proximately caused his loss, Hillsman needed to show: (1) that he 16 possessed valuable collection remedies at the time the loan term 17 was extended (here, at the time of settlement(s)); and (2) a 18 depreciation in the value of those remedies during the extended 19 repayment period.
discussed Cited "see, e.g." In re: Mark J. Escoto
9th Cir. BAP · 2015 · signal: see also · confidence low
See also Cho Hung Bank v. Kim 19 (In re Kim), 163 B.R. 157, 161 (9th Cir. BAP 1994), aff’d, 20 62 F.3d 1511 (9th Cir. 1995). 21 The debtors in Siriani borrowed $1.2 million to purchase an 22 apartment building in connection with their involvement in a 23 limited partnership.
discussed Cited "see, e.g." In re: Mark J. Escoto
9th Cir. BAP · 2015 · signal: see also · confidence low
See also Cho Hung Bank v. Kim 19 (In re Kim), 163 B.R. 157, 161 (9th Cir. BAP 1994), aff’d, 20 62 F.3d 1511 (9th Cir. 1995). 21 The debtors in Siriani borrowed $1.2 million to purchase an 22 apartment building in connection with their involvement in a 23 limited partnership.
Retrieving the full opinion text from the archive…
Bankr. L. Rep. P 76,616, 95 Cal. Daily Op. Serv. 6659, 95 Daily Journal D.A.R. 11,413 in Re Jong Gil Kim Jung W. Kim, Debtors. Cho Hung Bank, a Korean Corporation
v.
Jong Gil Kim Jung W. Kim, AKA Jung Wha Kim AKA Jung W. Cho Kim Dba Gill & Company
94-55308.
Court of Appeals for the Ninth Circuit.
Aug 23, 1995.
62 F.3d 1511
Published

62 F.3d 1511

Bankr. L. Rep. P 76,616, 95 Cal. Daily Op. Serv. 6659,
95 Daily Journal D.A.R. 11,413
In re Jong Gil KIM; Jung W. Kim, Debtors.
CHO HUNG BANK, a Korean corporation, Appellee,
v.
Jong Gil KIM; Jung W. Kim, aka Jung Wha Kim aka Jung W. Cho
Kim dba Gill & Company, Appellants.

No. 94-55308.

United States Court of Appeals,
Ninth Circuit.

Submitted Aug. 11, 1995[*].
Decided Aug. 23, 1995.

David Zweig, Los Angeles, CA, for appellants.

Henry Gweon, Law Offices of Jang W. Lee, Los Angeles, CA, for appellee.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel MEYERS, OLLASON, and PERRIS, Judges, Presiding.

Before: THOMPSON, LEAVY, and TROTT, Circuit Judges.

ORDER

1

The Bankruptcy Appellate Panel held that fraudulently inducing a creditor's extension of the due date for repayment of a loan was sufficient under 11 U.S.C. Sec. 523(a)(2) to support a claim of nondischargeability against a debtor in bankruptcy, and it was not necessary for the creditor to show that "new money" was lent to the debtor. We agree. The opinion of the Bankruptcy Appellate Panel in In re Kim, 163 B.R. 157 (9th Cir. BAP 1994) is hereby adopted as the opinion of this Court.

2

AFFIRMED.

*

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4