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· 10/6/1986

Howard & Sons, Inc. v. Schmidt (In Re Schmidt)

Citations

  • 70 B.R. 634
  • 1986 Bankr. LEXIS 5188

How courts have described this case

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

  • holding that debtor has not received property of the creditor where debtor fraudulently obtained release of an unsecured claim that would have been discharged in bankruptcy notwithstanding
  • holding that debtor has not received property of the creditor where debtor fraudulently obtained release of an unsecured claim that would have been discharged in bankruptcy notwithstanding
  • false pretenses involve implied misrepresentations or conduct intended to create and foster a false impression, while false representations are express misrepresentations
  • forbearing collection efforts does not constitute an extension of credit
  • noting this distinction on similar facts

Source: CourtListener parenthetical corpus (CC0).

Judges: Kent Lindquist

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.