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.
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Saturday, May 29, 2010
Section 523(a)(2)(B) Claims Must be Based Upon Writing
Posted by Attorney Robert Schaller at 12:50 PM
Labels: Section 523(a)(2)(B)
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