· 6/29/1999
Foley & Lardner v. Biondo (In Re Biondo)
Citations
- 180 F.3d 126
- 1999 WL 371601
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that creditor law firm’s size and sophistication created no additional duty to investigate
- holding that agreements “substituting 54 new debt obligation for previously existing debt, qualified as ‘refinancing’ of credit, within the purview of exception to discharge for debts obtained through false pretenses, false representation or actual fraud” under § 523(a)(2)
- following Mans in relying on the Restatement (Second) of Torts to determine the elements of Section 523(a)(2)(A)
- finding Foley & Lardner’s reliance upon clients’ representations they owned partnership interests and could assign them was justified
- \The Biondos' state of mind is a question of fact to be determined in the first instance by the bankruptcy court ....\
- “When addressing exceptions to discharge, we traditionally interpret the exceptions narrowly to protect the purpose of providing debtors a fresh start.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Hamilton, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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