
USCA1 Opinion

	




          August 29, 1994                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 94-1391                           WILLIAM FIELD AND NORINNE FIELD,                               Plaintiffs, Appellants,                                          v.                                   PHILIP W. MANS,                                 Defendant, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF NEW HAMPSHIRE                [Hon. Martin F. Loughlin, U.S. Senior District Judge]                                          __________________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                            Selya and Cyr, Circuit Judges.                                           ______________                                 ____________________            Christopher J. Seufert on brief for appellants.            ______________________            Philip W. Mans on brief pro se.            ______________                                 ____________________                                 ____________________                 Per Curiam.   Having  reviewed carefully the  briefs and                 __________            the  record in  this  case, we  affirm  the judgment  of  the            district  court, affirming  the  decision of  the  bankruptcy            court  denying  appellants'  request  to  have  the  debt  of            approximately $150,000  of  appellee to  appellants  excepted            from discharge under 11 U.S.C.   523(a)(2)(A).                    This  circuit has  determined that  to establish  that a            debt  is nondischargeable  under 11  U.S.C.    523(a)(2)(A) a            creditor  must  prove, inter  alia,  that  his "reliance  was                                   _____  ____            reasonable in the  circumstances."  In  re Burgess, 955  F.2d                                                ______________            134, 140  (1st Cir. 1992).  Since we find no clear error, see                                                                      ___            In  re Corporacion  de  Servicios  Medicos  Hospitalarios  de            _____________________________________________________________            Fajardo, 805 F.2d 440,  447-48 (1st Cir. 1986) (determination            _______            of reasonableness  reviewed for clear error),  in the finding            by the bankruptcy court that the creditors' reliance  in this            case was not reasonable, the judgment below is affirmed.1                                                           ________                                            ____________________            1.  In bankruptcy matters, this court conducts an independent            review  of  both  the  factual  and  legal  findings  of  the            bankruptcy  court.  In re  G.S.F. Corp., 938  F.2d 1467, 1474                                __________________            (1st  Cir.  1991).   Therefore,  any error  committed  by the            district court in findings  of fact during its review  of the            bankruptcy court decision would be harmless.
