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· 8/24/1981

Middletown City Employees Federal Credit Union, Inc. v. Shepherd (In Re Shepherd)

Citations

  • 13 B.R. 367
  • 1981 Bankr. LEXIS 3096

How courts have described this case

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

  • “§ 523(a) (2)(A) requires that the false representation be the reason for the creditor’s extension of credit”
  • “§ 523(a)(2)(A) requires that the false representation be the reason for the creditor’s extension of credit”
  • creditor cannot conduct business without due care and then claim that as a result of a debtor’s deception it extended credit
  • ‘§ 523(a)(2)(A) requires that the false representation be the reason for the creditor’s extension of credit.’
  • creditor showed a “lack of due care” by failing to demand certificate of title to truck, which was supposed to secure debtor’s loans, and debt therefore not excepted from discharge under section 523(a)(2)(A
  • “A lender has the duty to exercise ordinary prudence in order to avoid the discharge of a debt on the grounds that the debt is for obtaining money or property by ... false representations”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ellis W. Kerr

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.