Gupta v. Kendall (In Re Kendall) , 288 F. App'x 79 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1563
In Re: STEVEN NEIL KENDALL,
Debtor.
--------------------------------
APARNA GUPTA,
Plaintiff - Appellee,
v.
STEVEN NEIL KENDALL,
Defendant - Appellant.
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)
Submitted: July 1, 2008 Decided: August 13, 2008
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
A. Hugo Blankingship, III, BLANKINGSHIP & ASSOCIATES, P.C.,
Alexandria, Virginia, for Appellant. Richard G. Hall, Annandale,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
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
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