647 F.2d 121 (10th Cir. 1981), 79-1656, In re Intern. Coating Applicators

Docket Nº:79-1656, 79-1657 and 79-1658.
Citation:647 F.2d 121
Party Name:In re INTERNATIONAL COATING APPLICATORS, INC., Lou Ann Garroutte d/b/a International Coating Applicators, Inc., and Jerry Dean Garroutte d/b/a International Coating Applicators, Inc., Bankrupts, FIRST NATIONAL BANK & TRUST COMPANY OF PONCA CITY, Oklahoma, Plaintiff-Appellee, v. INTERNATIONAL COATING APPLICATORS, INC., Lou Ann Garroutte and Jerry De
Case Date:April 16, 1981
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit

Page 121

647 F.2d 121 (10th Cir. 1981)

In re INTERNATIONAL COATING APPLICATORS, INC., Lou Ann

Garroutte d/b/a International Coating Applicators,

Inc., and Jerry Dean Garroutte d/b/a

International Coating Applicators, Inc., Bankrupts, FIRST

NATIONAL BANK & TRUST COMPANY OF PONCA CITY,

Oklahoma, Plaintiff-Appellee,

v.

INTERNATIONAL COATING APPLICATORS, INC., Lou Ann Garroutte

and Jerry Dean Garroutte, Defendants-Appellants.

Nos. 79-1656, 79-1657 and 79-1658.

United States Court of Appeals, Tenth Circuit

April 16, 1981

Submitted Jan. 27, 1981.

Page 122

John G. Maddox of Armstrong, Burns, Baumert, Maddox & Cummings, Ponca City, Okl. for plaintiff-appellee.

John E. Northcutt, of Northcutt, Northcutt, Raley, Clark, Gardner, Hron & Northcutt, Ponca City, Okl., for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN, and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

International Coating Applicators, Inc., and its owners, Lou Ann Garroutte and Jerry Dean Garroutte in their individual capacities, filed petitions in bankruptcy. The corporation and the Garrouttes will hereinafter be referred to as Garroutte.

The First National Bank & Trust Company of Ponca City, Oklahoma, a creditor of Garroutte, filed a complaint in the Garroutte bankruptcy proceeding wherein the Bank objected to discharge of Garroutte's indebtedness to the Bank. The basis for the Bank's objection was that Garroutte had obtained loans from the Bank by the means of false and misleading financial statements and inventory records. After an evidentiary hearing, the Bankruptcy Judge found that certain loans by the Bank resulted from false and misleading representations by Garroutte and that Garroutte's indebtedness to the Bank in the sum of $27,034.00 was nondischargeable. Accordingly, on June 30, 1978, judgment was entered in favor of the Bank and against Garroutte, the bankrupt, in the sum of $27,034.00.

Page 123

As indicated, judgment was entered on June 30, 1978. Nothing occurred thereafter in the proceeding between the Bank and Garroutte until August 4, 1978. On that date Garroutte filed the following: (1) a notice of appeal to the District Court from the Bankruptcy Court's judgment; (2) a motion for new trial on the grounds that the order of the Bankruptcy Judge was against the weight of the evidence and that the Bankruptcy Judge considered matters not in evidence; and (3) a motion for rehearing to allow a further presentation of evidence.

Underlying Garroutte's motion for new trial and the motion for rehearing was the belief that the Bankruptcy Judge considered evidentiary matter that was not properly before him. After concluding...

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