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· 10/24/2005

Cadwell v. Joelson (In Re Joelson)

Citations

  • 427 F.3d 700
  • 2005 U.S. App. LEXIS 22956
  • 2005 WL 2722891

How courts have described this case

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

  • holding that statements regarding some of the assets that Joelson claimed to own did not constitute “a statement as to Joel-son’s overall financial health analogous to a balance sheet, income statement, statement of changes in financial position, or income and debt statement.”
  • stating that “[a]ll statements regarding a debtor’s financial condition, whether written or oral, are expressly excluded from subsection (A)”
  • holding the better approach is the “narrow interpretation that defines a statement of financial condition to be a statement of debtor’s net worth, overall financial health, or ability to generate income”
  • concluding that the identical phrase in Section 523(a)(2)(A
  • “a statement about one part of Joelson’s income flow ... does not reflect Joelson’s overall financial health.”
  • “If a debt is obtained by a false oral ‘statement respecting the debtor’s ... financial condition,’ the debt is dischargea-ble.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ebel, O'Brien, Tymkovich

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.