Eighth Circuit -- Bank of Nebraska v. Mark Rose

Bankruptcy court correctly assessed lender's actual subjective reliance on debtor's representations, not whether that reliance was justifiable.

No error in adjudication of state law counterclaim, as both parties consented, and as the counterclaim became a chose in action which was the property of the estate, meaning participation of the trustee was necessary for standing.  Plus there's no certainty the debtor was aggrieved absent proof of the claim's value.  Plus debtor waived the claim by not timely filing it.

Bank of Nebraska  v.  Mark Rose