Legal Opinion

Cadwell v. Joelson (In Re Joelson)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided April 7, 2004No. BAP No. WY-03-020, Bankruptcy No. 01-21544, Adversary No. 02-01001PublishedCited by 13 opinions

1Opinion of the Court

OPINION

BROWN, Bankruptcy Judge.

The parties to this appeal have asked this Court to define what constitutes a “statement respecting the debtor’s ... financial condition,” within the meaning of 11 U.S.C. § 523(a)(2)(A).1 The Defendant/Debtor (“Debtor”) made false statements to induce Plaintiff to give her a loan. She misrepresented her identity, that she owned certain assets, and that she had a ready source of repayment for Plaintiffs loan. Her statements were made verbally and were not reduced to writing.

The bankruptcy court found that Plaintiffs claim is nondischargeable pursuant to 11 U.S.C.…

2Cases cited13 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
  3. Wolfgang v. Mid-America Motorsports, Inc.Court of Appeals for the Tenth Circuit · 1997
  4. In Re Kurtis George Kaspar and Linda Ann Kaspar, Debtors, Bellco First Federal Credit Union v. Kurtis George Kaspar and Linda Ann KasparCourt of Appeals for the First Circuit · 1997
  5. Weiss v. Alicea (In Re Alicea)United States Bankruptcy Court, S.D. New York · 1999

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

3Cited by13 opinions

  1. In Re: Leroy J. Lauer, Debtor. Harriet Nangle Rose Ellen Catherine Nangle Timothy Michael Nangle, Appellants/cross-Appellees, Land Investment Club, Inc. v. Leroy J. Lauer, Appellee/cross-Appellant, U.S. Bank, N.A.Court of Appeals for the Eighth Circuit · 2004
  2. Williams v. Sato (In re Sato)United States Bankruptcy Court, C.D. California · 2014
  3. GDO Investments, Inc. v. Glasgow (In re Glasgow)United States Bankruptcy Court, D. Colorado · 2007
  4. Alford v. Cassel (In Re Cassel)United States Bankruptcy Court, C.D. Illinois · 2005
  5. American National Bank v. Dalcourt (In Re Dalcourt)United States Bankruptcy Court, N.D. Iowa · 2006

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