· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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