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· 8/11/1997

Palmacci v. Umpierrez

Citations

  • 121 F.3d 781
  • 1997 U.S. App. LEXIS 21142
  • 31 Bankr. Ct. Dec. (CRR) 385
  • 1997 WL 436519

How courts have described this case

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

  • stating that the creditor must show that the debt “arose as a result” of the debtor’s fraud
  • stating that the creditor must show that the debt “arose as a result” of the debtor’s fraud
  • noting that “a factual finding that negates one element of the plaintiff’s prima facie case renders findings concerning other elements unnecessary”
  • stating that if the creditor failed to establish any of the elements, the court should reject his claim
  • stating that if debtor intended to perform at time he made promise, but subsequently decided that he could not or would not so perform, then his initial representation was not false when made
  • finding in bankruptcy case that a debtor’s subsequent conduct was relevant in determining his earlier intent

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Bownes, Lynch

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.