(BK) In Re: Gregory Schmidt

Good Law
United States District Court, Eastern District of CaliforniaApril 17, 20242:23-cv-00233California1,958 words

Opinion

trial_court Opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 In Re GREGORY SCHMIDT, District Case No. 2:23-cv-00233-DJC 11 Debtors. Bankr. Case No. 20-25614-A-7 12 GREGORY SCHMIDT, Bankr. Adversary Case No. 21-02018-A 13 Appellant, 14 v. ORDER 15

SPENCER T. MALYSIAK PROFIT

16 SHARING PLAN,

17 Appellee.

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20 Appellant Gregory Schmidt has filed a Motion for Reconsideration of the

21 Court’s prior order denying his appeal of the Bankruptcy Court’s order and

22 judgment.1 Appe llant argues that “[the Court’s] holding is illogical and not probable” 23 and that the elements required for a debt to be excepted from discharge under 11 24 U.S.C. § 523(a)(2) were not met. 25 26 1 While stated to be a “Motion to Reconsider Rule 60(b)(1)”, as the Court is sitting in its capacity as the 27 court of appeal from the Bankruptcy Court’s decision, the motion is construed to be intended as a Motion for Rehearing under Federal Rule of Bankruptcy Procedure 8022. For simplicity, the Court will 28 continue to refer to it as…

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