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In re Kendall

United States Court of Appeals, Fourth Circuit
Aug 13, 2008
288 F. App'x 79 (4th Cir. 2008)

Opinion

No. 07-1563.

Submitted: July 1, 2008.

Decided: August 13, 2008.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:07-cv-00122-LMB; BK-05-14772; 06-01019-SSM).

A. Hugo Blankingship, III, Blankingship Associates, P.C., Alexandria, Virginia, for Appellant. Richard G. Hall, Annandale, Virginia, for Appellee.

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Steven Kendall appeals from the district court's order affirming the bankruptcy court's order entering judgment in favor of Aparna Gupta on her action challenging the dischargeability, under 11 U.S.C. § 523(a)(2)(A) (2000), of a $65,000 loan made by Gupta to Kendall. We have reviewed the record on appeal and the parties' briefs and conclude that the bankruptcy court did not clearly err in finding that the debt at issue constituted an "extension, renewal, or refinancing of credit," and that it was procured through fraud, within the meaning of § 523(a)(2). See In re Biondo, 180 F.3d 126, 130 (4th Cir. 1999). Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.


Summaries of

In re Kendall

United States Court of Appeals, Fourth Circuit
Aug 13, 2008
288 F. App'x 79 (4th Cir. 2008)
Case details for

In re Kendall

Case Details

Full title:In re: Steven Neil KENDALL, Debtor. Aparna Gupta, Plaintiff-Appellee, v…

Court:United States Court of Appeals, Fourth Circuit

Date published: Aug 13, 2008

Citations

288 F. App'x 79 (4th Cir. 2008)