In Re Momtaz A. Abas, Debtor. Atef Rafla v. Momtaz A. Abas

61 F.3d 909 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Momtaz A. ABAS, Debtor. Atef RAFLA, Appellee, v. Momtaz A. ABAS, Appellant. No. 95-55035. United States Court of Appeals, Ninth Circuit. Submitted July 17, 1995. * Decided July 20, 1995. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Momtaz Aziz Abas appeals pro se the Bankruptcy Appellate Panel's ("BAP") affirmance of the trial court's decision holding $200,000 of debt owed by Abas to Atef Rafla nondischargeable under 11 U.S.C. Sec. 523 (a)(2)(A). We have jurisdiction pursuant to 28 U.S.C. Sec. 158 (d). We examine de novo the bankruptcy court's conclusions of law, while reviewing for clear error its factual findings. Havelock v. Taxel, No. 93-56685, 1995 WL 338645, at * 3 (9th Cir. June 8, 1995). 3 The bankruptcy court concluded that a fiduciary relationship existed between Abas and Rafla and that Abas had a duty to disclose information relevant to Rafla's lending decision. The…