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· 5/21/1998

Bank One Columbus, N.A. v. Schad (In Re Kountry Korner Store)

Citations

  • 221 B.R. 265
  • 40 Collier Bankr. Cas. 2d 41
  • 1998 Bankr. LEXIS 616
  • 32 Bankr. Ct. Dec. (CRR) 786
  • 1998 WL 260295

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • fraud “must be clearly distinguished from the mere failure to perform a promise, which is not fraud but breach of contract”
  • “In light of the fact that Congress has provided a mechanism through subsection (c
  • fraud “must be clearly distinguished from the mere failure to perform a promise, which is not fraud but breach of contract.”
  • “The contention that the debtor had no actual present intent to ever repay the debt at the time the debt was incurred is an element for which the creditor has the burden of proving by a preponderance of the evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dana L. Rasure

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.