Monday, May 17, 2010

Section 523(a)(2)(A): False Representation

Section 523(a)(2)(A) excepts for discharge any debt for money to the extent obtained by false representation. 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 representation, the objecting creditor must show the following: (1) debtor made an express false or misleading statement; (2) with the intent to deceive; (3) on which the creditor justifiable relied; and (4) in order to induce the creditor to turn over money or property to the debtor.
 
Warmest Regards,

Bob Schaller

Your Bankruptcy Advisor

Blog By: Attorney Robert Schaller (Bob's bio) of the Schaller Law Firm Click for Bankruptcy Lawyer Job Opportunities. You are invited to contact Attorney Schaller at 630-655-1233 or visit his website at Discharging Student Loans to learn about how the bankruptcy laws can help you. Bob is a member of the National Bankruptcy College Attorney Network, American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys. For information about Chapter 7 bankruptcy Click Here
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