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· 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 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.