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· 3/10/1983

Jack Master, Inc. v. Collins (In Re Collins)

Citations

  • 28 B.R. 244
  • 1983 Bankr. LEXIS 6646

How courts have described this case

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

  • court refused to find fraud in issuing checks for which there were insufficient funds in debtor’s account, rejecting the argument that issuing worthless checks for the purchase of goods was “implied fraud;” creditor must prove both an actual misrepresentation and actual intent to defraud
  • “a mere promise to be carried out in the future is not sufficient to bar discharge of a debt, even though there is no excuse for the subsequent breach....The burden is on the plaintiff [creditor] to show a present intent not to fulfil the promise.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard L. Bohanon

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.