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· 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 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.