What is the test for a creditor to claim under Section 523(a)(2)(A) of the Bankruptcy and Insolvency Act?
federal, United States of America
The following excerpt is from Bacino v. Fed. Deposit Ins. Corp. (In re Bacino), Adv. No. 10-90315-LT, BAP No. SC-14-1150-KiKuJu (B.A.P. 9th Cir. 2015):
For a claim under 523(a)(2)(A), a creditor must also show it was justified in relying on the debtor's false representations. Field v. Mans, 516 U.S. 58, 73-76 (1995); In re Eashai, 87 F.3d at 1090. Justifiable reliance is a subjective standard, which turns on a person's knowledge under the particular circumstances. In re Eashai, 87 F.3d at 1090.
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