At page 88 Determining nondischargeability of debt based on false financial statements133 citing cases“must break it down into its constituent parts and apply the appropriate standard of review for each part.”
- Wolf v. Campbell, 211 B.R. 14 (E.D. Mich. 1997).published See Ba-tie, 995 F.2d at 89 (“[T]he purpose of the bankruptcy act ... is to help honest debtors.”).
- Al Hawasli, No. 2:25-cv-12349 (E.D. Mich. Aug. 17, 2026).In re Myers, 216 B.R. 402, 403 (B.A.P. 6th Cir. 1998). “[I]f a question is a mixed question of law and fact, then [the reviewing court] must break it down into its constituent parts and apply the appropriate standard of review for each par…
- Wylie, No. 2:24-cv-12837 (E.D. Mich. Aug. 22, 2025).In re Batie, 995 F.2d 85, 88 (6th Cir. 1993); In re Nowak, 586 F.3d 450, 454 (6th Cir. 2009).
- Am. Resources Corp. v. Key-Way, LLC, No. 5:22-cv-00086 (E.D. Ky. Mar. 27, 2023).In re Batie, 995 F.2d 85, 88 (6th Cir. 1993).
- Teter v. Baumgart, No. 1:21-cv-00334 (N.D. Ohio Aug. 15, 2022).“The district court reviews the bankruptcy court’s legal conclusions de novo.” In re Batie, 995 F.2d 85, 88 (6th Cir. 1993); see also In re Dudley, 614 B.R. 277 , 280 (S.D.
- Wylie, No. 2:21-cv-11354 (E.D. Mich. July 21, 2022).In re Batie, 995 F.2d 85, 88 (6th Cir. 1993). 5 When the issue before a federal court in a bankruptcy proceeding is strictly one of interpretation of state statutory law, “a federal court sits as a lower state court would.” In re Spradlin,…
- Wylie, No. 2:21-cv-12349 (E.D. Mich. July 12, 2022).In re Batie, 995 F.2d 85, 88 (6th Cir. 1993). other types of trusts on appeal.
- Asher v. Cook & Sons Mining, Inc., No. 7:20-cv-00137 (E.D. Ky. June 30, 2021).In re Batie, 995 F.2d 85, 88 (6th Cir. 1993).
- Van Kehrberg, No. 2:20-cv-10774 (E.D. Mich. Feb. 22, 2021).Myers v. IRS (In re Meyers), 216 B.R. 402, 403 (B.A.P. 6th Cir. 1998). “[I]f a question is a mixed question of law and fact, then [the reviewing court] must break it down into its constituent parts and apply the appropriate standard of rev…
- Murray, No. 2:19-cv-12613, 2020 WL 5291964 (E.D. Mich. Sept. 4, 2020).Investors Credit Corp. v Batie (In re Batie), 995 F.2d 85, 88-89 (6th Cir. 1993).
Show 115 more citing cases
- Smith v. U.S. Bank N.A., No. 4:19-cv-02682 (N.D. Ohio Feb. 6, 2020).Jn re Batie, 995 F.2d 85, 88 (6th Cir. 1993). 7 Smith does not seem to object to this point.
- MacEwen Conti, No. 2:18-cv-13467 (E.D. Mich. Jan. 21, 2020). Mapother v. Maporther, P.S.C. v. Cooper (In re Downs), 103 F.3d 472 , 476-77 (6th Cir. 1996); In re Batie, 995 F.2d 85, 88 (6th Cir. 1993); Fed. R.
- Produce Pay, Inc. v. Spiech Farms, LLC, No. 1:18-cv-01366 (W.D. Mich. Dec. 17, 2019).Inv’rs Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir. 1993).
- Giese v. Lexington Coal Co. (In re HNRC Dissolution Co.), 585 B.R. 837 (B.A.P. 6th Cir. 2018).publishedInvestors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir. 1993).
- Underwood v. Selent (In re Underwood), 568 B.R. 785 (E.D. Mich. 2017).publishedMyers v. IRS (In re Meyers), 216 B.R. 402, 403 (6th Cir. BAP 1998). “[I]f a question is a mixed question of law and fact, then [the reviewing court] must break it down into its constituent parts and apply the appropriate standard of review…
- Collins v. Tennessee Dep't of Revenue, 555 B.R. 670 (W.D. Tenn. 2016).publishedIn re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- Bricklayers & Trowel Trades Int'l Pension Fund v. Wasco, Inc., 551 B.R. 319 (M.D. Tenn. 2015).publishedP’ship, 30 F.3d 734, 737 (6th Cir.1994), as amended on denial of reh’g and reh’g en banc (Sept. 9, 1994)); In re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- Shefa, LLC v. Oakland Cnty. Treasurer (In re Shefa, LLC), 535 B.R. 165 (E.D. Mich. 2015).publishedMyers v. IRS (In re Myers), 216 B.R. 402, 403 (6th Cir. BAP 1998). “[I]f a question is a mixed question of law and fact, then [the reviewing court] must break it down into its constituent parts and apply the appropriate standard of review…
- Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, & Holly Clause v. Tracy D. Strandhagen, No. 03-14-00510-CV (Tex. App.—Austin Mar. 16, 2015).publishedIn re Batie, 995 F.2d 85, 88 (6th Cir.1993); In re Dow Corning Corp., 280 F.3d 648 , 656 (6th Cir.2002).
- Rice v. Allard (In re Rice), 478 B.R. 275 (E.D. Mich. 2012).publishedInvestors Credit Corp. v. Batie, 995 F.2d 85, 88 (6th Cir.1993).
- Corcoran v. McDonald (In re McDonald), 471 B.R. 194 (E.D. Mich. 2012).published Servs., Inc.), 106 F.3d 1255 , 1259 (6th Cir.1997) (quoting Investors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir.1993)).
- Michigan Dep't of Treasury v. Hight, 670 F.3d 699 (6th Cir. 2012).publishedIn re Batie, 995 F.2d 85, 88 (6th Cir.1993). *702 In order to succeed on appeal, Treasury must establish that (1) Hight’s protective proof-of-claim for her 2008 tax debt was a postpetition claim and (2) her claim does not fall within the e…
- Iwanski v. Fed. Home Loan Mortg. Corp. (In re Iwanski), 477 B.R. 67 (E.D. Mich. 2012).publishedInvestors Credit Corp. v. Batie, 995 F.2d 85, 88-89 (6th Cir.1993).
- Daniel Sutter v. U.S. Nat'l Bank, 665 F.3d 722 (6th Cir. 2012).published McMillan v. LTV Steel, Inc., 555 F.3d 218, 225 (6th Cir. 2009); In re Batie, 995 F.2d 85, 88 (6th Cir. 1993).
- Matthews v. Educ. Credit Mgmt. Corp., 449 B.R. 265 (E.D. Ky. 2011).publishedAny mixed questions of law and fact must be broken down “into its constituent parts” and the appellate court must “apply the appropriate standard of review for each part.” In re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- Antioch Co. Litig. Trust v. Hardman, 438 B.R. 598 (S.D. Ohio 2010).publishedSTANDARD OF REVIEW In reviewing appeals from bankruptcy courts, district courts are “bound by the bankruptcy court’s findings of fact unless they are clearly erroneous.” In re Batie, 995 F.2d 85, 88 (6th Cir.1993) (citing Bankruptcy Rule 8…
- United States Tr. v. Mohr, 436 B.R. 504 (S.D. Ohio 2010).publishedIn re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- In Re Martin, 426 B.R. 720 (W.D. Mich. 2010).publishedIn re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- United States v. Brae Asset Fund, L.P., 426 B.R. 720 (W.D. Mich. 2010).publishedIn re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- Miller v. Adell (In Re John Richards Homes Bldg. Co.), 405 B.R. 192 (E.D. Mich. 2009).publishedInvestors Credit Corp. v. Howard P. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir.1993). *198 ANALYSIS This case involves a lengthy and complicated legal battle between JRH and Kevin Adell which has spanned many years and many jurisdiction…
- John Richards Homes Bldg. Co. v. Adell, 404 B.R. 220 (E.D. Mich. 2009).publishedInvestors Credit Corp. v. Howard P. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir.1993).
- Moran v. LTV Steel Co, No. 06-4580 (6th Cir. Mar. 23, 2009).published Investors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir. 1993).
- John Richards Homes Bldg. Co. v. Adell Broad. Corp. (In Re John Richards Homes Bldg. Co.), 402 B.R. 780 (E.D. Mich. 2009).publishedInvestors Credit Corp. v. Howard P. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir.1993).
- Moran v. LTV Steel Co. (In Re LTV Steel Co.), 560 F.3d 449 (6th Cir. 2009).published Investors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir.1993).
- Big Buck Brewery & Steakhouse, Inc. v. Eyde (In Re Big Buck Brewery & Steakhouse), 399 B.R. 820 (E.D. Mich. 2009).publishedInvestors Credit Corp. v. Batie, 995 F.2d 85, 88 (6th Cir.1993).
- Musilli v. Droomers (In Re Musilli), 398 B.R. 447 (E.D. Mich. 2008).published Investors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 88 (6th Cir.1993) (citing Bankruptcy Rule 8013).
- Shapiro v. Merchants Bonding Co. (In Re Wade), 392 B.R. 302 (E.D. Mich. 2008).published In re Batie, 995 F.2d 85, 88 (6th Cir.1993) (citing Bankruptcy Rule 8013).
- Wellinger v. Borton (In Re Wellinger), 371 B.R. 249 (E.D. Mich. 2007).publishedMyers v. IRS (In re Myers), 216 B.R. 402 (6th Cir. BAP 1998); In re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- In Re Target Graphics, Inc., 372 B.R. 866 (E.D. Tenn. 2007).publishedWhen a question involves a mixed question of law and fact, the court “must break it down into its constituent parts and apply the appropriate standard of review for each part.” In re Batie, 995 F.2d 85, 88 (6th Cir.1993).
- Recomm Operations, Inc. v. Raymond Manklow, 246 F.3d 1332 (11th Cir. 2001).published
- Garry R. Roseman v. Carolyn Roseman, 14 F.3d 602 (6th Cir. 1993).published
- In Re Ethelrine Moreland, Debtor. Resolution Trust Corp. v. Ethelrine Moreland, 21 F.3d 102 (6th Cir. 1994).published
- In Re Edward W. Toti, Debtor. Edward W. Toti v. United States, 24 F.3d 806 (6th Cir. 1994).published
- Ameritrust Co., N.A. v. Robert Coley Calloway, Jr., 30 F.3d 133 (6th Cir. 1994).unpublished
- In Re Laguna Assocs. Ltd. P'ship, Debtor. Laguna Assocs. Ltd. P'ship v. Aetna Cas. & Sur. Co., 30 F.3d 734 (6th Cir. 1994).published
- In Re Thomas Norman Brock & Kathleen Brock, Debtors. Glen Eagle Mktg., Inc. v. Thomas Norman Brock & Kathleen Brock, D/B/A Glen Eagle Lodge, 39 F.3d 1181 (6th Cir. 1994).unpublished
- In re Davidson Metals, Inc., 65 F.3d 168 (6th Cir. 1995).unpublished
- 34 Collier bankr.cas.2d 233, Bankr. L. Rep. P 76,643, Pens. Plan Guide P 23915z in Re Robert H. Harshbarger & Mary J. Harshbarger, Debtors. Robert H. Harshbarger & Mary J. Harshbarger v. Frank M. Pees, Chapter 13 Tr., 66 F.3d 775 (6th Cir. 1995).published
- In Re Ferncrest Court Partners, Ltd., Debtor. Akram Daniel v. Amci, Inc. Corson & Buckey, Inc., 66 F.3d 778 (6th Cir. 1995).published
- In Re Richard J. Getty, Debtor. Richard J. Getty v. Steve Havrilesko, 83 F.3d 422 (6th Cir. 1996).unpublished
- In Re Burger Boys, Inc., 94 F.3d 755 (2d Cir. 1996).published
- In Re Robert C. McCafferty Debtor. Robert C. McCafferty v. Marion McCafferty, 96 F.3d 192 (6th Cir. 1996).published
- In Re: Baker & Getty Fin. Servs., Inc., 106 F.3d 1255 (6th Cir. 1997).published
- In Re: The Julien Co., Debtor. Jack F. Marlow Bankers Trust Co. v. Rollins Cotton Co., 146 F.3d 420 (6th Cir. 1998).published
- In Re: Wilbur G. Westberry, Debtor. Internal Revenue Serv. v. Wilbur G. Westberry, 215 F.3d 589 (6th Cir. 2000).published
- In Re: Optical Tech., Inc., Debtor. Delaine Gray, as Distrib. Tr. for the Consol. Debtors, Plaintiff v. Raymond Manklow, Jean Francois Vincens, 246 F.3d 1332 (11th Cir. 2001).published
- In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. Morris, 260 F.3d 654 (6th Cir. 2001).published
- In Re: William Dunlap Cannon Iii, Debtor. George W. Stevenson, Tr. for William Dunlap Cannon III v. J.C. Bradford & Co. J.C. Bradford Futures, Inc. Charles Ross, 277 F.3d 838 (6th Cir. 2002).published
- In Re Douglas R. Huffman in Re Robin Lynn Huffman in Re Edward N. Tucholski in Re Debbie S. Tucholski in Re John J. Rice in Re Josephine E. Rice, Debtors. Patricia A. Kovacs, Tr. v. First Union Home Equity Bank, First Union Mortg. Corp., in Re Douglas R. Huffman in Re: Robin Lynn Huffman, Debtors. Patricia A. Kovacs, Tr. v. First Union Home Equity Bank, in Re Edward N. Tucholski in Re: Debbie S. Tucholski, Debtors. John N. Graham, Tr. Patricia A. Kovacs, Tr. v. Nat'l Lending Ctr., Inc. First Union Nat'l Bank, as Indenture Tr., 369 F.3d 972 (1st Cir. 2004).published
- In Re: Douglas R. Huffman in Re: Robin Lynn Huffman in Re: Edward N. Tucholski in Re: Debbie S. Tucholski in Re: John J. Rice in Re: Josephine E. Rice, Debtors. Patricia A. Kovacs, Tr. v. First Union Home Equity Bank, First Union Mortg. Corp., in Re: Douglas R. Huffman in Re: Robin Lynn Huffman, Debtors. Patricia A. Kovacs, Tr. v. First Union Home Equity Bank, in Re: Edward N. Tucholski in Re: Debbie S. Tucholski, Debtors. John N. Graham, Tr. Patricia A. Kovacs, Tr. v. Nat'l Lending Ctr., Inc. First Union Nat'l Bank, as Indenture Tr., 408 F.3d 290 (1st Cir. 2005).published
- In Re: Dow Corning Corp., Debtor. Bear Stearns Gov't Sec., Inc. v. Dow Corning Corp., 419 F.3d 543 (6th Cir. 2005).published
- In Re: Triple S Restaurants, Inc., Debtor, J. Baxter Schilling, Tr. v. Donald M. Heavrin, 422 F.3d 405 (6th Cir. 2005).published
- In Re: Daniel & Michelle Oswalt, Debtors. Marcia R. Meoli, Chapter 7 Bankr. Tr. v. Citicorp Trust Bank, 444 F.3d 524 (6th Cir. 2006).published
- Miracle-Ear, Inc. v. M.D. Consultants, Inc., 338 B.R. 15 (N.D. Ohio 2006).published
- Dick's Clothing & Sporting Goods, Inc. v. Phar-Mor, Inc., 212 B.R. 283 (N.D. Ohio 1997).published
- Keaton v. Boatmen's Bank (In Re Keaton), 212 B.R. 587 (E.D. Tenn. 1997).published
- Gentry v. United States, 223 B.R. 127 (M.D. Tenn. 1998).published
- Thomasville Furniture Indus., Inc. v. Elder-Beerman Stores, Corp., 250 B.R. 609 (S.D. Ohio 1998).published
- Healey v. Massachusetts Higher Educ. (In Re Healey), 161 B.R. 389 (E.D. Mich. 1993).published
- Bd. of Trs. of the Ohio Carpenters' Pension Fund Ex Rel. Ohio Carpenters' Pension Fund v. Bucci, 351 B.R. 876 (N.D. Ohio 2006).published
- Bradford v. Bradford (In Re Bradford), 192 B.R. 914 (E.D. Tenn. 1996).published
- Semenek v. Dept. of Revenue of State of Ill., 166 B.R. 327 (N.D. Ill. 1994).published
- Heidelberg Harris, Inc. v. Grogan (In Re Est. Design & Forms, Inc.), 200 B.R. 138 (E.D. Mich. 1996).published
- Klingshirn v. United States (In Re Klingshirn), 209 B.R. 698 (B.A.P. 6th Cir. 1997).published
- Smoker v. Hill & Assocs., Inc., 204 B.R. 966 (N.D. Ind. 1997).published
- K & B Capital, LLC v. Off. Unsecured Creditor's Comm., 340 B.R. 363 (W.D. Ky. 2006).published
- Slone v. Brennan (In Re Fisher), 362 B.R. 871 (S.D. Ohio 2007).published
- Cent. States v. U.S. Truck Co. Holdings (In Re U.S. Truck Co. Holdings), 341 B.R. 596 (E.D. Mich. 2006).published
- H.J. Wilson Co. v. Comm'r of Revenue of Massachusetts (In Re Serv. Merch. Co.), 265 B.R. 917 (M.D. Tenn. 2001).published
- Bush v. Taylor (In Re Taylor & Assocs., L.P.), 249 B.R. 474 (E.D. Tenn. 1998).published
- Taylor v. Bush (In Re Taylor & Assocs., L.P.), 249 B.R. 431 (E.D. Tenn. 1997).published
- McNamara v. Ficarra (In Re McNamara), 275 B.R. 832 (E.D. Mich. 2002).published
- Slone v. M2M Int'l, Inc. (In Re G-P Plastics, Inc.), 320 B.R. 861 (E.D. Mich. 2005).published
- Marks Mgmt. Corp. v. Reliant Mfg. Inc., 268 B.R. 505 (E.D. Mich. 2001).published
- Ohio Crime Victims Reparations Fund v. Harwell (In Re Harwell), 349 B.R. 502 (Bankr. N.D. Ohio 2006).published
- Kentucky Higher Educ. Assistance Auth. v. Fears (In Re Fears), 258 B.R. 371 (W.D. Ky. 2001).published
- Farinash v. Vergos (In Re Aultman Enter.), 264 B.R. 485 (E.D. Tenn. 2001).published
- Tibble v. Huntington Nat'l Bank (In Re Fasick), 234 B.R. 891 (W.D. Mich. 1999).published
- In Re Sw. Equip. Rental, Inc., 193 B.R. 276 (E.D. Tenn. 1996).published
- Marlow v. Rollins Cotton Co. (In Re Julien Co.), 202 B.R. 89 (W.D. Tenn. 1996).published
- Mason v. Massie, 335 B.R. 362 (N.D. Ohio 2005).published
- Internal Revenue Serv. v. Barnard (In Re Kuppin), 335 B.R. 675 (S.D. Ohio 2005).published
- White Fam. Companies, Inc. v. Dayton Title Agency, Inc., 284 B.R. 238 (S.D. Ohio 2002).published
- In Re Dow Corning Corp., 255 B.R. 445 (E.D. Mich. 2000).published
- McKenzie v. United States, Internal Revenue Serv., 225 B.R. 377 (N.D. Ohio 1998).published
- Sharp v. Dery, 253 B.R. 204 (E.D. Mich. 2000).published
- Rowe v. Steinberg, 253 B.R. 524 (E.D. Mich. 2000).published
- United States v. Rice, 182 B.R. 759 (N.D. Ohio 1994).published
- Leach v. Buckingham (In Re Leach), 194 B.R. 812 (E.D. Mich. 1996).published
- Kirk v. Hendon (In Re Heinsohn), 247 B.R. 237 (E.D. Tenn. 2000).published
- Belfance v. Bushey (In Re Bushey), 210 B.R. 95 (B.A.P. 6th Cir. 1997).published
- Spears v. Boyd (In Re Spears), 313 B.R. 212 (W.D. Mich. 2004).published
- In Re Dino's, Inc., 183 B.R. 779 (S.D. Ohio 1995).published
- In Re AP Liquidating Co., 350 B.R. 752 (E.D. Mich. 2006).published
- Greenblatt v. Richard Potasky Jeweler, Inc. (In Re Richard Potasky Jeweler, Inc.), 222 B.R. 816 (S.D. Ohio 1998).published
- Douglas Ellmann v. Michael James Baker, 791 F.3d 677 (6th Cir. 2015).published
- IRS v. Westberry, No. 98-6779 (6th Cir. June 6, 2000).published
- Kovacs v. First Union Home Equity Bank, 369 F.3d 972 (6th Cir. 2004).published
- Kovacs v. First Union Home Equity Bank (In Re Huffman), 408 F.3d 290 (6th Cir. 2005).
- Queensgate Assocs., LLC v. Regal Cinemas, Inc. (In Re Regal Cinemas, Inc.), 213 F. App'x 369 (6th Cir. 2006).unpublished
- Congrove v. McDonald's Corp. (In Re Congrove), 222 F. App'x 450 (6th Cir. 2007).unpublished
- Harshbarger v. Pees (In re Harshbarger), 66 F.3d 775 (6th Cir. 1995).published
- South Street Seaport Ltd. P'ship v. Burger Boys, Inc. (In re Burger Boys, Inc.), 94 F.3d 755 (2d Cir. 1996).published
- WesBanco Bank Barnesville v. Rafoth (In re Baker & Getty Fin. Servs., Inc.), 106 F.3d 1255 (6th Cir. 1997).published
- Stevenson v. J.C. Bradford & Co. (In re Cannon), 277 F.3d 838 (6th Cir. 2002).published
- Garzoni v. K-Mart Corp., 35 F. App'x 179 (6th Cir. 2002).unpublished
- Garzoni v. K-Mart Corp., 35 F. App'x 182 (6th Cir. 2002).unpublished
- Lexington Venture, Ltd. v. Hollingsworth, 35 F. App'x 201 (6th Cir. 2002).unpublished
- Marve v. Frank, 43 F. App'x 943 (6th Cir. 2002).unpublished
- TVA Employees Credit Union v. Wallace, 46 F. App'x 819 (6th Cir. 2002).unpublished
- Farinash v. Nationsbank of Tennessee, N.A. (In re John Hicks Oldsmobile-GMC Truck, Inc.), 192 B.R. 911 (E.D. Tenn. 1996).published
- Solomon v. Middleton (In re Felsner), 359 B.R. 842 (E.D. Mich. 2007).published
- Maas v. Northstar Educ. Fin., Inc., 514 B.R. 866 (W.D. Mich. 2014).published
- Lewiston v. Kohut (In re Lewiston), 539 B.R. 154 (E.D. Mich. 2015).published
- Jones v. Owens (In re Owens), 549 B.R. 337 (Bankr. D. Md. 2016).published
At page 89 Reviewing summary judgment under section 523(a)(2)(B)25 citing cases[T]he purpose of the bankruptcy act ... is to help honest debtors.
- Wolf v. Campbell, 211 B.R. 14 (E.D. Mich. 1997).published ([T]he purpose of the bankruptcy act ... is to help honest debtors.)
- Sheen Falls Strategies, LLC v. Keane (In re Keane), 560 B.R. 475 (Bankr. N.D. Ohio 2016).publishedInvestors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 89-90 (6th Cir. 1993).
- Gonzales v. Saul Ewing, LLP (In Re Vaughan), 471 B.R. 263 (Bankr. D.N.M. 2012).published(Upon a party’s objection, documents filed in support of or in opposition to a motion may not be considered by the court unless they have entered “the record as attachments to an appropriate affidavit” and “would be admi…)
- Bank of Am. v. Greene, 465 B.R. 789 (E.D. Tenn. 2012).publishedSee In re Cannon, 277 F.3d 838 (6th Cir.2002); In re Batie, 995 F.2d 85, 89 (6th Cir.1993).
- Roberts v. Oliver (In Re Oliver), 414 B.R. 361 (Bankr. E.D. Tenn. 2009).publishedLEXIS 1214 , at *64, 2009 WL 73875 , at *22 (S.D.Ohio Jan.8, 2009). 3 “Upon a party’s objection, documents filed in support of or in opposition to a motion may not be considered by the court unless they have entered ‘the record as attachme…
- In Re Laguna Assocs. Ltd. P'ship, Debtor. Laguna Assocs. Ltd. P'ship v. Aetna Cas. & Sur. Co., 30 F.3d 734 (6th Cir. 1994).published
- David Stone & Colleen Stone v. John Wilson Kirk & J.W.K. Land & Cattle Co., Inc., 8 F.3d 1079 (6th Cir. 1993).published
- Ag Credit, ACA v. Walton (In Re Walton), 158 B.R. 948 (Bankr. N.D. Ohio 1993).published
- Harris v. Beneficial Oklahoma, Inc. (In Re Harris), 209 B.R. 990 (B.A.P. 10th Cir. 1997).published
- In Re Taylor & Assocs., L.P., 191 B.R. 374 (Bankr. E.D. Tenn. 1996).published
Show 15 more citing cases
- Terlecky v. Chase Home Fin., LLC (In Re Sauer), 417 B.R. 523 (Bankr. S.D. Ohio 2009).published
- Jahn v. Cohutta Banking Co. (In Re U.S. Ins. Grp., LLC), 429 B.R. 903 (E.D. Tenn. 2010).published
- Armbrustmacher v. Redburn (In Re Redburn), 202 B.R. 917 (Bankr. W.D. Mich. 1996).published
- Shapiro v. VPA, P.C. (In Re Valley X-Ray Co.), 360 B.R. 254 (E.D. Mich. 2007).published
- Tennessee Valley Steel Corp. v. B.T. Com. Corp. (In Re Tennessee Valley Steel Corp.), 183 B.R. 795 (Bankr. E.D. Tenn. 1995).published
- Hickory Specialties, Inc. v. Forest Flavors Int'l, Inc., 26 F. Supp. 2d 1029 (M.D. Tenn. 1998).published
- In re: Karl May v., No. 06-8044 (B.A.P. 6th Cir. July 19, 2007).unpublished
- Kinnard v. Rutherford Cnty. Bd. of Educ., 109 F. App'x 85 (6th Cir. 2004).unpublished
- Fox v. United States, Internal Revenue Serv. (In re Fox), 172 B.R. 247 (Bankr. E.D. Tenn. 1994).published
- Roberts v. Green Tree Fin. Corp. (In re Cassady), 197 B.R. 846 (Bankr. E.D. Tenn. 1996).published
- Mostoller v. Pearson Leasing & Fin. Corp. (In re Appalachian Finishing Works), 244 B.R. 771 (Bankr. E.D. Tenn. 2000).published
- Swope v. Com. Sav. Bank (In re Gamma Ctr., Inc.), 489 B.R. 688 (Bankr. N.D. Ohio 2013).published
- Lawrence Bank v. Brent (In re Brent), 539 B.R. 788 (Bankr. S.D. Ohio 2015).published
- Gbaz, Inc. v. Conte, No. 21-01078 (Bankr. N.D. Ohio Nov. 21, 2022).
- Gbaz, Inc. v. Conte, No. 21-01078 (Bankr. N.D. Ohio Dec. 27, 2022).
At page 90 Determining scope of financial statements under section 523(a)(2)(B)13 citing cases[S]ection 523(a)(2)(B)(iv) is met if a debtor is reckless when submitting finan- cial statements that he knows are not true, not only if the debtor pos- sesses a subjective intent to deceive.
- Consol. Bank v. Dalton, No. 99-1330 (4th Cir. Feb. 17, 2000).unpublished ([S]ection 523(a)(2)(B)(iv) is met if a debtor is reckless when submitting finan- cial statements that he knows are not true, not only if the debtor pos- sesses a subjective intent to deceive.)
- Blankenship v. AGRIFUND, LLC, No. 1:19-cv-01045 (W.D. Tenn. Oct. 21, 2019).Investors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 90 (6th Cir. 1993); In re Martin, 761 F.2d 1163 , 1167 (6th Cir.1985).
- Ritter v. Smith (In re Smith), 517 B.R. 793 (Bankr. E.D. Mich. 2014).published Rather, this element is satisfied if “a debtor is reckless when submitting financial statements that he knows are not true.” In re Batie, 995 F.2d at 90.
- Wildwood Prop., L.L.C. v. Rauf (In re Rauf), 504 B.R. 838 (Bankr. E.D. Mich. 2014).publishedAs we said in In re Martin, 761 F.2d 1163, 1167 ([6th Cir.]1985), “[F]ull discharge may be disallowed if the debtor either intended the statement to be false, or the statement was grossly reckless as to its truth.” Investors Credit Corp. v…
- Regions Bank v. Whisnant (In Re Whisnant), 411 B.R. 559 (Bankr. E.D. Tenn. 2009).publishedWhile obviously satisfied if actual fraud is proved, in the Sixth Circuit, “ ‘[§] 523(a)(2)(B)(iv) is [also] met if a debtor is reckless when submitting financial statements that he knows are not true, not only if the debtor possesses a su…
- United States v. John R. Spicer, 57 F.3d 1152 (D.C. Cir. 1995).published
- First Int'l Bank v. Kerbaugh (In Re Kerbaugh), 162 B.R. 255 (Bankr. D.N.D. 1993).published
- Bayer Employees Fed. Credit Union v. Sapp (In Re Sapp), 364 B.R. 618 (Bankr. N.D. W. Va. 2007).published
- First Nat'l Bank v. Sansom (In Re Sansom), 224 B.R. 49 (Bankr. M.D. Tenn. 1998).published
- Haney v. Copeland (In Re Copeland), 291 B.R. 740 (Bankr. E.D. Tenn. 2003).published
Show 3 more citing cases
- Carson v. Chamberlain (In Re Chamberlain), 330 B.R. 195 (Bankr. S.D. Ohio 2005).published
- First Tennessee Bank Nat'l Ass'n v. Warner (In re Warner), 169 B.R. 144 (Bankr. W.D. Tenn. 1994).published
- Suhar v. Agree Auto Servs., Inc. (In re Blakely), 497 B.R. 267 (Bankr. N.D. Ohio 2013).published
v.
Howard P. BATIE, Defendant-Appellant
In a bankruptcy adversary proceeding, the bankruptcy court for the Middle District of Tennessee held that Howard Batie used a materially false financial statement to secure a loan to purchase an airplane. The bankruptcy court, the district court, and we all agree that, because he deceived the lender in using this statement, his indebtedness to Investors Credit Corporation is nondischargeable in bankruptcy. We find his argument that Investors Credit knew or should have known that the statements overstated his financial worth but accepted them anyway to be without merit.
In 1985, Batie and Extended Warranties, Inc., a corporation wholly owned by Batie, purchased a Boeing 727 aircraft from Investors Credit. As a condition of the sale, Investors Credit required Batie and Extended Warranties to warrant that they each had a net worth of at least two million dollars. At the sale closing, Batie proffered accounting statements purporting that he and Extended Warranty each had a minimum net worth of two million dollars. One of those statements was a joint financial statement which showed that Batie and his wife possessed assets in excess of two million dollars. In fact, neither Batie nor Extended Warranty had a net worth of two million dollars, and Batie knew at the time that he proffered the accounting statements that neither he nor Extended Warranty had a net worth of two million dollars. Batie and Extended Warranty eventually defaulted on the loan.
On December 20, 1989, Investors Credit obtained in the United States District Court for the Middle District of Tennessee a judgment in the amount of $1,048,939 against Batie, following a jury verdict, for fraud and breach of contract. Batie filed a petition in bankruptcy on May 21, 1990 undér chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101, et seq. Investors Credit filed an adversary proceeding in Batie’s bankruptcy case, arguing that Batie’s debt to Investors Credit was non-disehargeable in bankruptcy under 11 U.S.C. § 523(a)(2)(B).
Investors Credit subsequently filed a motion for summary judgment, arguing that Batie was collaterally estopped by the jury verdict to contest whether the elements of section 523(a)(2)(B) had been met. The bankruptcy court partially granted Investors Credit’s motion, reserving only the question of whether Batie had possessed the requisite “intent to deceive” under section 523(a)(2)(B)(iv) which would prevent his debt from being dischargeable. Following further briefing and argument, the bankruptcy court granted Investors Credit’s entire motion for summary judgment and held that Batie’s entire debt to Investors Credit was non-dis-chargeable. The district court upheld the decision of the bankruptcy court. Batie appealed the district court’s decision to this court, and we have appellate jurisdiction pursuant to 28 U.S.C. § 158 (1993).
When we review bankruptcy decisions, our standard of review is slightly different from our normal standard of review because district courts are not the triers of fact of bankruptcy cases. The bankruptcy court makes initial findings of fact and conclusions of law. If its decision is appealed to the district court, the district court is bound by the bankruptcy court’s findings of fact unless they are clearly erroneous. Bankruptcy Rule 8013. The district court reviews the bankruptcy court’s legal conclusions de novo. If the district court’s decision is appealed to this court, then we review the district court’s conclusions of law de novo. However, because we are in the same position as the district courts to review the factual findings of the bankruptcy courts, we will not follow the bankruptcy court’s factual findings if we consider them to be clearly erroneous. In re Barrett, 964 F.2d 588, 591 (6th Cir.1992). In making this judgment, we do not review the district court’s assessment of the bankruptcy court’s factual findings. Also, if a question is a mixed question of law and fact, then we must break it down into its constituent parts and apply the appropriate standard of review for each part. See In re Brown, 951 F.2d 564, 567 (3d Cir.1991). Regarding this case, the bankruptcy court’s decision to grant summary judgment is purely a question of law. Martin v. Ohio Turnpike Comm’n, 968 F.2d 606, 609 (6th Cir.1992). Therefore, under our standard of review of district court bankruptcy decisions, the dis[*89] trict court reviews the bankruptcy court’s grant of summary judgment de novo, and we review the district court’s review of that decision de novo.
The applicable statute for this case is 11 U.S.C. § 523(a), which provides:
A discharge under section ... 1141 ... does not discharge an individual debtor from any debt—
(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—
(B) use of a statement in writing—
(i) that is materially false;
(ii) respecting the debtor’s or an insider’s financial condition;
(iii) on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and
(iv) that the debtor caused to be made or published with intent to deceive;....
Batie would normally be entitled under the bankruptcy act to a hearing on whether Investors Credit relied upon the financial statements given to them at the closing of the loan when he purchased the aircraft and on whether he intended to deceive Investors Credit had he not already lost his fraud trial in federal district court. Now quite correctly and candidly he admits that he is collaterally estopped from litigating subsections (i) and (iii) of section 523(a)(2)(B) because the elements of those subsections were determined by the jury in the preceding fraud case. Therefore, the only questions on appeal are whether subsections (ii) and (iv) of section 523(a)(2)(B) have been met.
Having conceded that he is estopped from litigating the applicability of subsections (i) and (iii), Batie now must turn to a procedural argument to challenge the decision of the bankruptcy court. In essence, Batie argues that from a fairness and equitable posture Investors Credit has not proven the elements necessary to deny dischargeability of his debt to Investors Credit. However, what we are dealing with in this case is the purpose of the bankruptcy act, which is to help honest debtors. See In re Arango, 992 F.2d 611 (6th Cir.1993). Batie acknowledges that the statements were his and they were delivered to the lender at the closing. Certainly it does not take a hearing to determine that because of the civil judgment in the Tennessee Court he is foreclosed from this argument. The only question left, then, is whether Investors Credit established a right to summary judgment under section 523(a)(2)(B)(ii) and (iv) as respects Batie’s financial condition and that there was an intent to deceive.
The exhibits attached to Investors Credit’s motion for summary judgment establish that the statements submitted by Ba-tie attested that he and Extended Warranties each had a net worth of at least two million dollars. Under Bankruptcy Rule 7056, which incorporates Rule 56 of the Federal Rules of Civil Procedure into bankruptcy adversary proceedings, documents such as these, if they are not part of the “pleadings, depositions, answers to interrogatories, and. admissions on file,” can only enter the record as attachments to an appropriate affidavit to constitute a basis for summary judgment. See Fed.R.Civ.P. 56(e) (“Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.”). Therefore, the bankruptcy court should not have relied on the statements attached to Investors Credit’s motion for summary judgment if they did not comply with Bankruptcy Rule 7056. Batie, however, did not object in the bankruptcy court to the manner in which his prior financial statements were presented to the bankruptcy judge; therefore, any objection he may have to the manner that his prior statements entered the record is not reviewable on appeal.
Leaving aside the manner in which the financial documents entered the record, no genuine issue of material fact exists regarding whether Batie submitted a statement in writing respecting his or an insider’s financial condition. The financial statements submitted by Batie at the closing certainly con[*90] stitute “statement[s] in writing respecting the debtor’s or an insider’s financial condition” under section 523(a)(2)(B) because Ba-tie submitted written statements at the closing which plainly showed his net worth and Extended Warranties’ net worth to be more than two million dollars. The fact that Batie submitted financial statements in conjunction with his wife regarding their net worth does not take Batie out of the ambit of subsection (ii). Many debtors give joint financial statements listing the assets of both spouses, and section 523(a)(2)(B)(ii) applies to those statements as well as to financial statements regarding only one spouse.
Batie argues that he was not given sufficient notice that the bankruptcy court might grant summary judgment regarding section 523(a)(2)(B)(ii). This argument also must fail because Batie did have sufficient notice that the statements he signed at the closing were part of Investors Credit’s motion for summary judgment. Investors Credit argued in its motion for summary judgment that its prior judgment collaterally estopped Batie from denying the nondis-chargeability of Batie’s debt. Investors Credit attached exhibits of Batie’s financial statements from the first trial to support its motion for summary judgment. In deciding Investors Credit’s motion for summary judgment, the bankruptcy court necessarily had to examine the statements that Batie submitted to Investors Credit to determine whether Batie was collaterally estopped from litigating section 523(a)(2)(B). Therefore, Batie was put on notice that the statements he made to Investors Credit were the basis of Investors Credit’s motion for summary judgment. Under Bankruptcy Rule 7056, as well as Rule 56(e) of the Federal Rules of Civil Procedure, so long as an appropriate time for discovery has passed, summary judgment “shall be rendered forthwith” as soon as it is apparent that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Significantly, neither Bankruptcy Rule 7056 nor Rule 56 of the Federal Rules of Civil Procedure adds or implies that summary judgment is appropriate only based upon the theory for summary judgment advanced by the moving party. Instead, the rule simply requires summary judgment as soon as no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
No genuine issue of material fact exists regarding whether Batie had a sufficient “intent to deceive” under section 523(a)(2)(B)(iv). Batie argues that he did not intend to deceive Investors Credit by submitting false financial statements at the closing. He argues that he thought submitting the statements was a mere formality and that Investors Credit would not rely on his financial statements. If we interpreted “intent to deceive” in subsection (iv) to include only a purely subjective intent to have another person rely on false financial statements, then summary judgment would not be appropriate in this case. In this circuit, however, section 523(a)(2)(B)(iv) is met if a debtor is reckless when submitting financial statements that he knows are not true, not only if the debtor possesses a subjective intent to deceive. As we said in In re Martin, 761 F.2d 1163, 1167 (1985), “[F]ull discharge may be disallowed if the debtor either intended the statement to be false, or the statement was grossly reckless as to its truth.” The bankruptcy court and the district court agreed that Batie recklessly submitted and signed documents regarding his net worth which he knew were not true. The bankruptcy court determined that even if Batie did not intend for Investors Credit to rely on his financial statements, no rational jury could find that he did not recklessly submit financial statements which he knew were false. We agree, and under Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986), this is a sufficient basis upon which to grant summary judgment.
The decision of the district court affirming the judgment of the bankruptcy court is affirmed.