· 3/25/2010
Ojeda v. Goldberg
Citations
- 599 F.3d 712
- 2010 U.S. App. LEXIS 6193
- 52 Bankr. Ct. Dec. (CRR) 267
- 2010 WL 1068216
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a “fraudulently induced forbearance does constitute an extension or renewal” of credit
- explaining that “[j]ustifiable reliance is a less demanding standard than reasonable reliance”
- “As the Supreme Court held in Field, creditors have no duty to investigate if they are unaware of a potential falsity.”
- “When re- viewing a question that had its origination in a bankruptcy court, as opposed to in a district court, our review focuses on the bankruptcy court's actions.”
- “We think it is abundantly clear that a fraudulently induced forbearance fits squarely within these definitions [of ‘extension’ or ‘renewal’], and note that other circuits have reached the same conclusion”
- debtor must make a false representation or omission “that the debtor (a) knew was false or made with reckless disregard for the truth and (b) was made with the intent to deceive”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kanne, Rovner, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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