USCA1 Opinion
August 29, 1994
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 94-1391
WILLIAM FIELD AND NORINNE FIELD,
Plaintiffs, Appellants,
v.
PHILIP W. MANS,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Martin F. Loughlin, U.S. Senior District Judge]
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Before
Torruella, Chief Judge,
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Selya and Cyr, Circuit Judges.
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Christopher J. Seufert on brief for appellants.
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Philip W. Mans on brief pro se.
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Per Curiam. Having reviewed carefully the briefs and
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the record in this case, we affirm the judgment of the
district court, affirming the decision of the bankruptcy
court denying appellants' request to have the debt of
approximately $150,000 of appellee to appellants excepted
from discharge under 11 U.S.C. 523(a)(2)(A).
This circuit has determined that to establish that a
debt is nondischargeable under 11 U.S.C. 523(a)(2)(A) a
creditor must prove, inter alia, that his "reliance was
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reasonable in the circumstances." In re Burgess, 955 F.2d
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134, 140 (1st Cir. 1992). Since we find no clear error, see
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In re Corporacion de Servicios Medicos Hospitalarios de
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Fajardo, 805 F.2d 440, 447-48 (1st Cir. 1986) (determination
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of reasonableness reviewed for clear error), in the finding
by the bankruptcy court that the creditors' reliance in this
case was not reasonable, the judgment below is affirmed.1
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1. In bankruptcy matters, this court conducts an independent
review of both the factual and legal findings of the
bankruptcy court. In re G.S.F. Corp., 938 F.2d 1467, 1474
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(1st Cir. 1991). Therefore, any error committed by the
district court in findings of fact during its review of the
bankruptcy court decision would be harmless.