Merchants National Bank of Winona v. Moen (In Re Moen)

How courts have described this case

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

• nor did the Eighth Circuit authority on which it relied, which distinguishes that case from this one
• because direct proof of intent is nearly impossible to obtain, the creditor may present evidence of the surrounding circumstances from which intent may be inferred
• debtor’s actions with respect to presenting checks to a bank were sufficient to indicate intent
• “All [the intent element] requires is a showing of an intent to induce the creditor to rely and act on the misrepresentations in question.” (quoting Moodie-Yannotti v. Swan (In re Swan), 156 B.R. 618, 623 n.6 (Bankr. D. Minn. 1993))

Source: CourtListener parenthetical corpus (CC0).