Legal Opinion

In the Matter of Rodney Dale Coston and Billie Katherine Coston, Debtors. Rodney Dale Coston and Billie Katherine Coston v. Bank of Malvern

Court of Appeals for the Fifth Circuit

Decided July 13, 1993No. 92-4399PublishedCited by 148 opinions

1Per curiam

We have taken this case en banc for the sole purpose of deciding whether the “reasonableness” of a creditor’s reliance under 11 U.S.C. § 523(a)(2)(B) is an issue of law subject to de novo review on appeal or a question of fact to be reviewed under the clearly erroneous standard. Today we hold that, for purposes of section 523(a)(2)(B), the reasonableness of a creditor’s reliance is a question of fact, which is reviewable only for clear error. In so doing, we overrule our opinion in In re Jordan, 927 F.2d 221 (5th Cir.1991), to the extent it held that reasonableness of reliance is a conclusion…

2Cases cited20 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. Mers v. Dispatch Printing Co.Ohio Supreme Court · 1985
  5. In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987

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

3Cited by148 opinions

  1. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  2. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  3. Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
  4. In Re Edwin Leo Vann, Debtor. City Bank & Trust Co. v. Edwin Leo VannCourt of Appeals for the Eleventh Circuit · 1995
  5. In Re Gloria Bonnanzio, Debtor. National Union Fire Insurance Company of Pittsburgh, Pa. v. Gloria BonnanzioCourt of Appeals for the Second Circuit · 1996

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

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