Legal Opinion

In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis Cohn

Court of Appeals for the Third Circuit

Decided May 10, 1995No. 94-1742PublishedCited by 316 opinions

1Opinion of the Court

OPINION OF THE COURT

COWEN, Circuit Judge.

Insurance Company of North America (“INA”) objects to the discharge in bankruptcy of a debt owed to it by David Cohn. This appeal turns on the proper interpretation of 11 U.S.C. § 523(a)(2)(B). The bankruptcy court concluded, and the district court affirmed, that INA did not meet its burden of proving that it reasonably relied upon a materially false statement contained in an investor bond application submitted by Cohn, and the debt was therefore dischargeable. Because the bankruptcy court based its decision upon facts that were not in the record, and…

2Cases cited44 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
  4. United States v. MenascheSupreme Court of the United States · 1955
  5. Kungys v. United StatesSupreme Court of the United States · 1988

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3Cited by316 opinions

  1. Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
  2. Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
  3. In Re Ernest R. Lilley, Jr., Debtor. Ernest R. Lilley, Jr.Court of Appeals for the Third Circuit · 1996
  4. In Re Continental Airlines. Nationsbank of Tennessee, N.A., F/k/a Nationsbank of Tennessee, as Collateral Trustee Under a Secured Equipment Indenture and Lease Agreement Dated March 15, 1987 ("Nationsbank") New Jersey National Bank, as Successor by Merger to Constellation Bank, N.A., F/k/a National State Bank of Elizabeth, N.J. Harris Trust and Savings Bank and Boatman's First National Bank of Oklahoma, as First, Second and Third Priority Secured Equipment Certificates Trustees Thereunder, Respectively (The "Series Trustees" And, Collectively With Nationsbank, the "Trustees")Court of Appeals for the First Circuit · 1996
  5. In Re Gloria Bonnanzio, Debtor. National Union Fire Insurance Company of Pittsburgh, Pa. v. Gloria BonnanzioCourt of Appeals for the Second Circuit · 1996

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