(BK) In Re: Gregory Schmidt
United States District Court, Eastern District of CaliforniaApril 17, 20242:23-cv-00233California1,958 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
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
SPENCER T. MALYSIAK PROFIT
SHARING PLAN,
Appellee.
Appellant Gregory Schmidt has filed a Motion for Reconsideration of the
Court’s prior order denying his appeal of the Bankruptcy Court’s order and
judgment. Appe llant argues that “[the Court’s] holding is illogical and not probable” and that the elements required for a debt to be excepted from discharge under 11 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 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 continue to refer to it as…