Chevy Chase Bank FSB v. Kukuk (In Re Kukuk)

How courts have described this case

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

• concluding that “a misrepresentation is fraudulent only if the maker ‘knows or believes that the matter is not what he represents it to be’ ”
• holding that misrepresentation includes an implied representation regarding a debtor’s intent to perform under a credit card agreement when the card is used
• suggesting that an accurate analysis of a § 523(a)(2)(A) cause of action begins with the Restatement rather than the five point test set forth in Fowler Bros. v. Young (In re Young), 91 F.3d 1367, 1373 (10th Cir.1996)
• describing postagreement nonperformance, standing alone, does not demonstrate fraudulent intent at inception
• “A finding regarding fraudulent intent, therefore, will be determined on a case-by-case basis, with the ... demeanor and credibility of the witness playing a very large role.”
• fraudulent nature of representation separate from intent to deceive to influence conduct

Source: CourtListener parenthetical corpus (CC0).