Williamson v. Busconi, 87 F.3d 602 (1st Cir. 1996). · Go Syfert
Williamson v. Busconi, 87 F.3d 602 (1st Cir. 1996). Cases Citing This Book View Copy Cite
55 citation events (39 in the last 25 years) across 13 distinct courts.
Strongest positive: Rockwood Select v Devine Millimet & Branch (nhd, 2015-07-09)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Rockwood Select v Devine Millimet & Branch
D.N.H. · 2015 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
subsequent conduct may reflect back to the promisor's state of mind and thus may be considered in ascertaining whether there was fraudulent intent at the time the promise was made . . . .
cited Cited as authority (rule) Madison Resource Funding Corp. v. MARSH
Bankr. D. Minn. · 2021 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir. 1996).
cited Cited as authority (rule) Ott v. Somogye
Bankr. N.D. Ohio · 2020 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir. 1996).
discussed Cited as authority (rule) United Surety & Indemnity Co. v. López-Muñoz (In re López-Muñoz)
1st Cir. · 2017 · confidence medium
We have made clear, outside the context of § 1104(a)(1), that a finding of fraudulent intent (or lack thereof) is one that “normally is determined from the totality of the circumstances.” Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir. 1996).
discussed Cited as authority (rule) United Sur. & Indem. Co. v. Lopez-Munoz
1st Cir. · 2017 · confidence medium
We have made clear, outside the context of § 1104(a)(1), that a finding of fraudulent intent (or lack thereof) is one that "normally is determined from the totality of the circumstances." Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir. 1996).
discussed Cited as authority (rule) Zutrau v. Zutrau (In re Zutrau)
1st Cir. BAP · 2017 · confidence medium
In addition, “[subsequent conduct may reflect back to the promisor’s state of mind and thus may be considered in ascertaining whether there was fraudulent intent at the time the promise was made[.]” Aoki v. Atto Corp. (In re Aoki), 323 B.R. 803, 815 (1st Cir. BAP 2005) (quoting Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir. 1996)).
cited Cited as authority (rule) Risk v. Hunter (In re Hunter)
Bankr. N.D. Ohio · 2015 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996).
discussed Cited as authority (rule) 2015 DNH 135 Rockwood Select Asset Fund XI, (6)—1, LLC v. Devine, Millimet & Branch, PA
D.N.H. · 2015 · signal: cf. · confidence medium
Cf. Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996) (“[Subsequent conduct may reflect back to the promisor’s state of mind arid thus may be considered in ascertaining whether there was fraudulent intent at the time the promise' was made...;”).
discussed Cited as authority (rule) Matthews v. Nealon (In re Nealon)
Bankr. D. Mass. · 2015 · confidence medium
Intent to deceive need not be (and seldom is) proven by direct evidence, but may be inferred from the totality of the circumstances, Palmacci, 121 F.3d at 789 , including the debtor’s conduct subsequent to the alleged fraud or misrepresentation, Aoki v. Atto Corp. (In re Aoki), 323 B.R. 803, 815 (1st Cir. BAP 2005) (quoting Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996)).
cited Cited as authority (rule) In re: Ashvinder Singh
9th Cir. BAP · 2014 · confidence medium
Williamson v. 15 Busconi, 87 F.3d 602, 603 (1st Cir 1996); Stein v. Tripp 16 (In re Tripp), 357 B.R. 544, 548 (Bankr.
cited Cited as authority (rule) In re: Ashvinder Singh
9th Cir. BAP · 2014 · confidence medium
Williamson v. 15 Busconi, 87 F.3d 602, 603 (1st Cir 1996); Stein v. Tripp 16 (In re Tripp), 357 B.R. 544, 548 (Bankr.
discussed Cited as authority (rule) In re: John A. Obara and Myrna Castro
9th Cir. BAP · 2014 · confidence medium
Runnion v. Pedrazzini 9 (In re Pedrazzini), 644 F.2d 756, 758 (9th Cir. 1981) (The 10 existence of scienter is a question of fact, not to be reversed 11 on appeal unless clearly erroneous.); Williamson v. Busconi, 12 87 F.3d 602, 603 (1st Cir. 1996) (explaining that "subsequent 13 conduct may reflect back to the promisor's state of mind and thus 14 may be considered in ascertaining whether there was fraudulent 15 intent at the time the promise was made"); Stein v. Tripp 16 (In re Tripp), 357 B.R. 544, 548 (Bankr.
discussed Cited as authority (rule) In re: John A. Obara and Myrna Castro
9th Cir. BAP · 2014 · confidence medium
Runnion v. Pedrazzini 9 (In re Pedrazzini), 644 F.2d 756, 758 (9th Cir. 1981) (The 10 existence of scienter is a question of fact, not to be reversed 11 on appeal unless clearly erroneous.); Williamson v. Busconi, 12 87 F.3d 602, 603 (1st Cir. 1996) (explaining that "subsequent 13 conduct may reflect back to the promisor's state of mind and thus 14 may be considered in ascertaining whether there was fraudulent 15 intent at the time the promise was made"); Stein v. Tripp 16 (In re Tripp), 357 B.R. 544, 548 (Bankr.
discussed Cited as authority (rule) Mayaguez Medical Center Dr. Ramon Emeterio Betances, Inc. v. Medical Educational & Health Services, Inc. (In re Medical Educational & Health Services, Inc.)
D.P.R. · 2013 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) FirstBank Puerto Rico v. Mujica (In re Mujica)
D.P.R. · 2013 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) In re: William Spencer Reingold and Alida Ann Reingold
9th Cir. BAP · 2013 · confidence medium
Williamson v. Busconi, 3 87 F.3d 602, 603 (1st Cir. 1996) (explaining that "subsequent 4 conduct may reflect back to the promisor's state of mind and thus 5 may be considered in ascertaining whether there was fraudulent 6 intent at the time the promise was made"); Strominger v. Giquinto 7 (In re Giquinto), 388 B.R. 152, 167 (Bankr.
discussed Cited as authority (rule) Thompson v. Barbee (In re Barbee)
Bankr. S.D. Ga. · 2012 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996) (“subsequent conduct may reflect back to the promisor’s state of mind and thus may be considered in ascertaining whether there was fraudulent intent at the time the promise was made.”).
discussed Cited as authority (rule) Banco Popular De Puerto Rico v. United States (In re Reitter Corp.)
D.P.R. · 2012 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) Sistemas Integrados de Salud del Suroeste, Inc. v. Medical Educational & Health Services, Inc. (In re Medical Educational & Health Services, Inc.)
D.P.R. · 2012 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) RG Premier Bank v. Alvarado (In Re Alvarado)
D.P.R. · 2011 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) Aguadilla Shopping Center, Inc. v. PMC Marketing Corp. (In Re PMC Marketing Corp.)
D.P.R. · 2011 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) Segarra-Miranda v. RD Capital Group, Inc. (In Re Garrido Jiménez)
D.P.R. · 2011 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir. 1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) Adams v. Volpitto (In Re Volpitto)
Bankr. S.D. Ga. · 2011 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996) (stating “ ‘subsequent conduct may reflect back to the promisor’s state of mind and thus may be considered in ascertaining whether there was fraudulent intent’ at the time the promise was made.”).
discussed Cited as authority (rule) 6050 Grant, LLC v. Hanson (In Re Hanson) (2×) also: Cited "see, e.g."
Bankr. N.D. Ill. · 2010 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996) (explaining that “subsequent conduct may reflect back to the promisor’s state of mind and thus may be considered in ascertaining whether there was fraudulent intent at the time the promise was made”) (internal quotation omitted); Strominger v. Giquinto (In re Giquinto), 388 B.R. 152, 167 (Bankr.E.D.Pa.2008) (stating that “[a]n often employed indicia, especially with respect to fraudulent actions under § 523(a)(2)(A), centers on a debtor’s subsequent conduct”) (internal quotation omitted); Siebanoller v. Rahrig (In re Rahrig), …
discussed Cited as authority (rule) Calderon v. CITIMORTGAGE, INC.
D.P.R. · 2010 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon) (2×)
1st Cir. BAP · 2010 · confidence medium
See Marrama v. Citizens Bank of Mass. (In re Marrama), 430 F.3d 474, 482 (1st Cir.2005) (good faith is a fact intensive determination to be made on a case-by-case basis assessing the totality of the circumstances), aff 'd, 549 U.S. 365 , 127 S.Ct 1105 , 166 L.Ed.2d 956 (2007); Merrimac Paper Co., Inc. v. Harrison (In re Merrimac Paper Co., Inc.), 420 F.3d 53, 62-63 (1st Cir.2005) (a court sitting in equity must determine the subordination of a claim based on the totality of the circumstances in the particular case); McMullen v. Sevigny (In re McMullen), 386 F.3d 320, 328-29 (1st Cir.2004) (whe…
discussed Cited as authority (rule) Mitsubishi Motor Sales of Caribbean, Inc. v. Ortiz (2×)
D.P.R. · 2009 · confidence medium
“Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st *15 Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).
discussed Cited as authority (rule) Rizzo v. Mindes
Bankr. D.N.H. · 2009 · confidence medium
“Among the circumstances from which scienter may be inferred are:[...] his repudiation of the promise soon after made, or his failure even to attempt any performance.” Id.; Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996).
cited Cited as authority (rule) Siebanoller v. Rahrig (In Re Rahrig)
Bankr. N.D. Ohio · 2007 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996).
cited Cited as authority (rule) MacK v. Mills (In Re Mills)
Bankr. N.D. Ohio · 2006 · confidence medium
Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996).
cited Cited as authority (rule) Aoki v. Atto Corp. (In Re Aoki)
1st Cir. BAP · 2005 · confidence medium
See id. at 789 ; Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996).
discussed Cited as authority (rule) Palmacci v. Umpierrez (2×) also: Cited "see"
1st Cir. · 1997 · confidence medium
Id. at 603 (citation omitted) (quoting Krenowsky v. Raining (In re Raining), 119 B.R. 460, 464 (Bankr.D.Del.1990)); cf. United States v. Rodriguez, 858 F.2d 809, 816 (1st Cir.1988) (“later events often may shed light on earlier motivations”).
discussed Cited as authority (rule) Palmacci v. Umpierrez (2×)
1st Cir. · 1997 · confidence medium
In Williamson v. Busconi, 87 F.3d at 603, we concluded that the bankruptcy court abused its discretion by excluding evidence as to conduct subsequent to a real estate closing, from which a factfinder reasonably could have inferred that Busconi had not intended to pay the note at the time it was executed.
cited Cited "see" Lucas v. Lyle (In Re Lyle)
Bankr. D. Mass. · 2005 · signal: see · confidence high
See Williamson v. Busconi, 87 F.3d 602, 603 (1st Cir.1996). 61 .
cited Cited "see" Barrows v. IRS
D.N.H. · 1998 · signal: see · confidence high
See Williamson v. Busconi, 87 F.3d 602 , 603 n.l (1st Cir. 1996).
cited Cited "see" Barrows v. Internal Revenue Service
D.N.H. · 1998 · signal: see · confidence high
See Williamson v. Busconi, 87 F.3d 602 , 603 n. 1 (1st Cir.1996).
Retrieving the full opinion text from the archive…
Alan D. WILLIAMSON, Appellant,
v.
Lewis J. BUSCONI, Appellee
95-2311.
Court of Appeals for the First Circuit.
Jul 3, 1996.
87 F.3d 602
1996 U.S. App. LEXIS 15950
1996 WL 360145
Rosario Mario F. Rizzo, Concord, MA, for appellant., Howard P. Blatehford, Jr., Boston, MA, with whom Bruce F. Smith and Jager, Smith, Stetler & Arata, P.C. were on brief, for appellee.
Torruella, Cyr, Cummings.
Cited by 39 opinions  |  Published
CYR, Circuit Judge.

Appellant Alan D. Williamson challenges a bankruptcy court ruling excluding evidence probative of the chapter 7 debtor-appellee Lewis J. Busconi’s putative intent to defraud Williamson in a substantial real estate transaction. In due course Williamson commenced an adversary proceeding in the bankruptcy court to except his claim from the chapter 7 discharge on the ground that the debt had been induced by fraud. See Bankruptcy Code § 523(a)(2)(A), 11 U.S.C. § 523(a)(2)(A) (1994). Following careful review of the entire record, we conclude that the bankruptcy court abused its discretion by excluding the proffered evidence, but that the error did not affect substantial rights.

At the bench trial, Williamson unsuccessfully attempted to introduce evidence as to various events, including Busconi’s conduct, subsequent to the closing of their real estate transaction, from which a factfinder reasonably could have inferred that Busconi had not intended to pay the note at the time it was executed. The evidence was excluded as irrelevant. Nonetheless, after hearing the testimony of both parties, the bankruptcy judge expressly credited Busconi’s testimony, found that Williamson had failed to establish the requisite fraudulent intent, and ruled the Williamson debt dischargeable. On intermediate appeal, the district court affirmed without elaboration. [1]

As direct evidence is seldom available, fraudulent intent normally is determined from the totality of the circumstances. Charlie Kelton’s Pontiac, Cadillac, Oldsmobile & Isuzu Truck, Inc. v. Roberts (In re Roberts), 82 B.R. 179, 184 (Bankr.D.Mass.1987). And since “subsequent conduct may reflect back to the promisor’s state of mind and thus may be considered in ascertaining whether there was fraudulent intent” at the time the promise was made, proper application of the “totality” test in the instant context often warrants consideration of post-transaction conduct and consequences, as well as pre-transaction conduct and contemporaneous events. See Krenowsky v. Haining (In re Haining), 119 B.R. 460, 464 (Bankr.D.Del.1990); cf. United States v. Rodriguez, 858 F.2d 809, 816 (1st Cir.1988) (“later events often may shed light on earlier motivations”). In sum, the bankruptcy court ruling excluding Busconi’s relevant post-closing conduct constituted an abuse of discretion.

Williamson must also show, however, that the evidentiary ruling adversely affected his “substantial rights.” See Fed. R. Bankr.P. 9005, 9017 (incorporating Fed.R.Civ.P. 61; Fed.R.Evid. 103(a)). At a minimum, Williamson would need to demonstrate clear error in the ultimate assessment that the testimony given by Busconi was more credible than that given by Williamson. In light of all the evidence in the record, we are not persuaded that the challenged judgment was substantially influenced by the erroneous evi-dentiary ruling. See Lubanski v. Coleco Indus., Inc., 929 F.2d 42, 46 (1st Cir.1991). As there was no clear error in the bankruptcy court’s findings, the district court judgment is affirmed. The parties shall bear their own costs.

1

. The district court’s conclusions of law are reviewed de novo, Petit v. Fessenden, 80 F.3d 29, 32 (1st Cir.1996); Fed. R. Bankr.P. 8013. The bankruptcy court’s factual findings are reviewed for clear error. Id. Evidentiary rulings by the bankruptcy court are subject to the "abuse of discretion” standard. See United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).