United States Eighth Circuit

In a bankruptcy adversary action seeking a determination that defendant was personally liable for a state-court money judgment rendered against a corporation wholly owned by defendant, the bankruptcy appellate panel's reversal of the bankruptcy court's order holding defendant liable for the corporation's debt is reversed where: 1) defendant's material promise to repay the debt in the future, made with the intent to defraud and without the intent to perform constituted actionable fraud; and 2) the evidence supported the bankruptcy court's finding that plaintiff relied on defendant's representation about taking draws.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

• MELLOY, Circuit Judge., Before WOLLMAN, HANSEN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Derek A. Trosvig, argued, Alexandria, MN, for Appellant.


• For Appellees:
  
• Lynnae L.G. Lina, argued, Morris, MN, David C. McLaughlin, Ortonville, MN, on the Brief, for Appellee.