United States Fifth Circuit

District court order holding debtor personally liable for a nondischargeable debt incurred by the company he controlled is affirmed where: 1) the issues of debtor's liability under state law and damages were tried by the parties' consent; 2) the debtor's fraud rendered him personally liable for the damages; 3) the debt was nondischargeable since the construction contract between the companies was obtained through materially false financial statements; 4) the record supports the bankruptcy court's finding of an intent to deceive the creditor; and 5) witness testimony was not hearsay since it was offered to prove knowledge or notice of the financial irregularities.

Appellate Information

• Decided 01/16/2009
• Published 01/16/2009

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and GARWOOD and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen Howard Lee, Doyle, Restrepo, Harvin & Robbins, Houston, TX, for Morrison.


• For Appellees:
  
• David L. LeBas, Naman, Howell, Smith & Lee, Austin, TX, for Appellee.