Legal Opinion

Landmark Leasing Inc. v. Martz (In Re Martz)

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 22, 1988No. 19-10914PublishedCited by 24 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

INTRODUCTION

The instant adversary proceeding illustrates the difficult burdens placed upon a creditor in attempting to have debts declared nondischargeable on the ground that the debtors issued false financial statements to the creditor in connection with the incurrence of the debts in issue, pursuant to 11 U.S.C. § 523(a)(2)(B). The creditor must establish, by clear and convincing evidence, the coalescence of all of the four items recited in § 523(a)(2)(B) as to any misrepresentation — including materiality of the misrepresentation reliance upon it by…

2Cases cited33 opinions

  1. In the Matter of Robert Oneal Bogstad, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
  2. Bottari v. Baiata (In Re Baiata)United States Bankruptcy Court, E.D. New York · 1981
  3. Sprague, Thall & Albert v. Woerner (In Re Woerner)United States Bankruptcy Court, E.D. Pennsylvania · 1986
  4. United States v. Stelweck (In Re Stelweck)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. Engler v. Van SteinburgCourt of Appeals for the Fourth Circuit · 1984

28 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  2. In the Matter of Robert P. Jordan, Debtor. Robert P. Jordan and Wesley Ann Jordan v. Southeast National BankCourt of Appeals for the Fifth Circuit · 1991
  3. Applebaum v. Henderson (In Re Henderson)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  4. In the Matter of Rodney Dale Coston and Billie Katherine Coston, Debtors. Rodney Dale Coston and Billie Katherine Coston v. Bank of MalvernCourt of Appeals for the Fifth Circuit · 1992
  5. Caruso v. Segal (In Re Segal)United States Bankruptcy Court, E.D. Pennsylvania · 1996

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API