Section 523(a)(2)(A) excepts for discharge any debt for money to the extent obtained by false pretenses. A creditor must show that the debtor’s actions were purposefully deceptive or misleading. Courts infer requirements establishing intent, reliance and materiality.
To provide that a debtor acted by false pretenses, the objecting creditor must show the following: (1) an implied misrepresentation or conduct by the debtor; (2) promoted knowingly and willingly by debtor; (3) to create a contrived and misleading understanding of the transaction on the part of the objecting creditor; and (4) which wrongfully induced plaintiff to advance money, property, or credit to the debtor. The frauds covered by this concept are those which in fact involve moral turpitude or intentional wrong.
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Monday, May 17, 2010
Section 523(a)(2)(A): False Pretenses
Posted by Attorney Robert Schaller at 12:08 AM
Labels: Section 523(a)(2)(A)
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