Doug Boese Wins in Affirmation of Matter Appealed to Eighth Circuit

Doug Boese was advised on Tuesday, April 12th, 2011, by a panel of the Eighth Circuit Appellate Court, that they agreed with his argument that his clients had not committed a fraud and were entitled to have their debts discharged in bankruptcy.  The case, In Re Glen, arose when Glen, a builder, suffered financial problems with the downturn in the economy.  His relatives, the Marcusens, had invested in the construction of houses in Winona.  While the construction of the first house in the venture had resulted in a profit for both, they were unable to sell the next houses that were built.  Glen was forced to file bankruptcy.  Marcusens claimed they had been defrauded of money and challenged the discharge.  A trial resulted in the Bankruptcy Court judge holding for the Marcusens.  An appeal to the Bankruptcy Appellate Panel overturned the trial judge and found there was no evidence of fraud.  A subsequent appeal by Marcusens to the Eighth Circuit resulted in the decision of the BAP being affirmed and the debts of the Glens are discharged.  Doug Boese tried the case and argued the appeals.  Scott Hoss did the research and writing of the appellate briefs.