· 4/8/2005
General Electric Capital Corp. v. Acosta (In Re Acosta)
Citations
- 406 F.3d 367
- 2005 U.S. App. LEXIS 5703
- 2005 WL 803863
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a reckless disregard for the truth or falsity of a statement can satisfy the scienter element under § 523(a)(2)(A)
- noting that any argument not made in their initial briefing by the parties on appeal is abandoned
- requiring proof of common law fraud elements to establish nondischargeability under § 523(a)(2)(A)
- recklessness “combined with the sheer magnitude of the resultant misrepresentation” may support an inference of an intent to deceive
- “As long as there are two permissible views of the evidence, we will not find the factfinder’s choice between competing views to be clearly erroneous.”
- “As long as there are two permissible views of the evidence, we will not find the factfinder’s choice between competing views to be clearly erroneous.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Garza, Vance
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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