Saturday, May 29, 2010

Section 523(a)(2)(B) Claims Must be Based Upon Writing

Section 523(a)(2)(B) excepts from discharge any debt for money, propety, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false representation or fraud. To prove a Section 523(a)(2)(B) claim, a creditor must show the following: (1) debtor made a statement in writing; (2) that is materially false; (3) respectinng the debtor's or an insider's financial condition; (4) on which the creditor to whom the debtor is liable for such money reasonably relied; and (5) that the debtor caused to be made or published with intent to deceive.

Warmest Regards,

Bob Schaller

Your Bankruptcy Advisor

Blog By: Attorney Robert Schaller (Bob's bio) of the Schaller Law Firm

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You are invited to contact Attorney Schaller at 630-655-1233 or visit his website at Adversary Complaint 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.

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