Seventh Circuit· 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

Cited by

75 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

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