At page 454 Imputability of agent's fraud to principal61 citing cases“proof that a debtor's agent obtains money by fraud does not justify the denial of a discharge to the debtor, unless it is accompanied by proof which demonstrates or justifies an inference that the debtor knew or should have known of the fraud.”
- Treadwell v. Glenstone Lodge, Inc., 637 F.3d 855 (8th Cir. 2011).published (Whether a principal knew or should have known of his agent’s fraud is, of course, a question of fact.)
- Dottore, No. 26-08006 (Bankr. D. Neb. Aug. 10, 2026).Bartenwerfer abrogated decisions holding a debt cannot be excepted from discharge unless the debtor knew or should have known of the fraud, including the Eighth Circuit’s decision in Walker v. Citizens State Bank of Maryland (In re Walker)…
- In re Leo Del Rosario & Zerlyn Fonceca Del Rosario, No. 24-1163 (B.A.P. 9th Cir. May 2, 2025).publishedIn Lansford, then Ninth Circuit Judge Anthony Kennedy acknowledged: “[w]ere we to rely on strict agency or partnership principles, we might be forced to conclude that Cecily Lansford’s debt is non-dischargeable regardless of her knowledge…
- Bartenwerfer v. Buckley, 598 U.S. 69 (2023).published Winkler & Assoc., 239 F. 3d 746, 749 (CA5 2001) (debts that arise from fraud cannot be discharged); In re Ledford, 970 F. 2d 1556, 1561 (CA6 1992) (no discharge if the debtor benefted from the fraud); Sullivan v. Glenn, 782 F. 3d 378, 381…
- Kahkeshani, No. 4:16-cv-00230 (S.D. Tex. July 7, 2022).Appx. 54 .4. (gth Cir. 2001) 8 Walker v. Citizens State Bank (In re Walker), 726 F.2d 452, 454 (8th Cir. 1984) Kahkeshani argues that the Section 727 issue was abated.
- Krizan v. Krizan, No. 1-20-00015 (Bankr. W.D. Wis. July 15, 2021).Sullivan v. Glenn, 782 F.3d 378, 381 (7th Cir. 2015) (quoting In re Walker, 726 F.2d 452, 454 (8th Cir. 1984)).
- Krizan v. Krizan, No. 1-20-00017 (Bankr. W.D. Wis. July 15, 2021).Sullivan v. Glenn, 782 F.3d 378, 381 (7th Cir. 2015) (quoting In re Walker, 726 F.2d 452, 454 (8th Cir. 1984)).
- Madison Resource Funding Corp. v. Marsh, No. 18-04198 (Bankr. D. Minn. Jan. 25, 2021).In the Eighth Circuit, imputation of fraud for purposes of non-dischargeability is not permitted unless “accompanied by proof which demonstrates or justifies an inference that the debtor knew or should have known of the fraud.” In re Walke…
- Meadows v. Gregory, No. 5:19-ap-05002 (Bankr. S.D. W. Va. Jan. 2, 2020).(holding that for a debt to excepted from discharge in a principal agent relationship, the principal must of know, or should have known, of the agent’s fraud)
- Borges v. Placeres (In re Placeres), 578 B.R. 505 (Bankr. S.D.N.Y. 2017).publishedCitizens State Bank of Maryville, Missouri v. Walker (In re Walker), 726 F.2d 452, 454 (8th Cir. 1984); see Lovich, 117 F.2d at 615 (“[W]hen a false statement is made by an agent, some additional facts must exist justifying an inference th…
Show 49 more citing cases
- Wilkins v. AmeriCorp Inc. (In re Allegro Law LLC), 545 B.R. 675 (Bankr. M.D. Ala. 2016).publishedWhile not requiring active participation by the debtor-principal in the fraud, the debt- or-principal “cannot be held innocent for the fraud of his agent if, had he paid minimal attention, he would have been alerted to the fraud.” Matter o…
- Brian T. Sullivan v. Michael R. Glenn, Jr., 782 F.3d 378 (7th Cir. 2015).published“Proof that a debtor’s agent obtains money by fraud does not justify the denial of a discharge to the debtor, unless it is accompanied by proof which demonstrates or justifies an inference that the debtor knew or should have known of the f…
- Haig v. Shart (In re Shart), 505 B.R. 13 (Bankr. C.D. Cal. 2014).publishedIn light of the bankruptcy code’s purpose of providing a fresh start, see Gleason v. Thaw, 236 U.S. 558, 562 , 35 S.Ct. 287, 289 , 59 L.Ed. 717 (1915), and the decisions of other circuits refusing to apply agency principles absent some cul…
- Nathan Paul Reuter v. Tana S. Cutcliff, No. 10-6043 (B.A.P. 8th Cir. Jan. 31, 2011).publishedSee, Strang v. Bradner, 114 U.S. 555, 561 (1885); Owens v. Miller (In re Miller), 276 F.3d 424, 429 (8th Cir. 2002); Walker v. Citizens Bank of Maryville, Mo. (In re Walker), 726 F. 2d 452, 454 (8th Cir. 1984).
- Reuter v. Cutcliff (In Re Reuter), 443 B.R. 427 (B.A.P. 8th Cir. 2011).publishedSee, Strang v. Bradner, 114 U.S. 555, 561 , 5 S.Ct. 1038 , 29 L.Ed. 248 (1885); Owens v. Miller (In re Miller), 276 F.3d 424, 429 (8th Cir.2002); Walker v. Citizens Bank of Maryville, Mo. (In re Walker), 726 F.2d 452, 454 (8th Cir.1984).
- Callaway Bank v. Asbury (In Re Asbury), 441 B.R. 629 (Bankr. W.D. Mo. 2010).publishedOnce it is determined that a partnership exists, under Walker v. Citizens State Bank of Maryville, Missouri (In re Walker), 726 F.2d 452, 454 (8th Cir.1984), it must be established that the principal either knew or should have known of the…
- Helena Chem. Co. v. Richmond (In Re Richmond), 429 B.R. 263 (Bankr. E.D. Ark. 2010).publishedThe Eighth Circuit has established that a principal can be liable for the fraud of his agent if certain circumstances are met. “[M]ore than the mere existence of an agent-principal relationship is required to charge the agent’s fraud to th…
- Cutcliff v. Reuter (In Re Reuter), 427 B.R. 727 (Bankr. W.D. Mo. 2010).publishedUnder Walker v. Citizens State Bank of Maryville, Missouri (In re Walker), 726 F.2d 452, 454 (8th Cir.1984), the Eighth Circuit concluded that “more than the mere existence of an agent-principal relationship is required to charge the agent…
- Treadwell v. Glenstone Lodge, Inc. (In Re Treadwell), 423 B.R. 309 (B.A.P. 8th Cir. 2010).published In the Walker case, the Eighth Circuit analyzed the nondis-chargeability of an innocent spouse’s debt under § 523(a)(2)(A) and concluded that “more than the mere existence of an agent-principal relationship is required to charge the agent’…
- Helena Chem. Co. v. Simmons (In Re Simmons), 364 B.R. 673 (Bankr. E.D. Ark. 2007).publishedHowever, to impute an agent’s fraud to his principal, a plaintiff must show “more than the mere existence of an agent-principal relationship.” Walker v. Citizens State Bank of Maryville, Missouri (In re Walker), 726 F.2d 452, 454 (8th Cir.…
- James Cape & Sons Co. v. Bowles (In Re Bowles), 318 B.R. 129 (Bankr. E.D. Wis. 2004).publishedIn re Walker, 726 F.2d 452, 454 (8th Cir.1984).
- Wilson v. Sergeant (In Re Wilson), 305 B.R. 4 (Bankr. N.D. Iowa 2004).publishedE.g., In re Walker, 726 F.2d 452, 454-55 (8th Cir.1984); In re Neis, 723 F.2d 584, 588-90 (7th Cir.1983).
- Warthog, Inc. v. Zaffron (In Re Zaffron), 303 B.R. 563 (E.D.N.Y. 2004).publishedThe Court of Appeals for the Eighth Circuit disagreed with the Third Circuit in Walker v. Citizen’s Bank of Maryville (In re Walker), 726 F.2d 452, 454 (8th Cir. 1984).
- Sea Win, Inc. v. Tran (In Re Tran), 301 B.R. 576 (Bankr. S.D. Cal. 2003).publishedIn re Walker, 726 F.2d 452, 454 (8th Cir.1984).
- Transfair Int'l, Inc. v. United States, 54 Fed. Cl. 78 (Fed. Cl. 2002).publishedSee, e.g., In re Cohn, 54 F.3d 1108, 1119 (3d Cir.1995); In re Walker, 726 F.2d 452, 454 (8th Cir.1984). .
- Maynard Sav. Bank v. Banke (In Re Banke), 275 B.R. 317 (Bankr. N.D. Iowa 2002).publishedIn re Walker, 726 F.2d 452, 454 (8th Cir.1984).
- Taylor Freezer Sales of Arizona, Inc. v. Oliphant (In Re Oliphant), 221 B.R. 506 (Bankr. D. Ariz. 1998).publishedThe court was willing under agency principles to impute culpability to the "innocent” spouse on the ground that he should have paid at least some attention to the affairs of his business and discovered the fraud. 726 F.2d 452, 454 (8th Cir…
- Columbia Farms Distrib., Inc. v. Maltais (In Re Maltais), 202 B.R. 807 (Bankr. D. Mass. 1996).published(holding that in order to impute fraud to a debt- or, it must be shown that the debtor knew or should have known of the fraud, or was recklessly indifferent to the act of his agent)
- In re Gloria Bonnanzio, Debtor. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. Gloria Bonnanzio, 91 F.3d 296 (2d Cir. 1996).publishedIf the principal either knew or should have known of the agent’s fraud, the agent’s fraud will be imputed to the debtor-principal.” In re Walker, 726 F.2d 452, 454 (8th Cir.1984) (per curiam) (construing 11 U.S.C. § 523 (a)(2)(A)).
- In re Deborah M. Cox, Debtor. Paul Lansdowne, Tr. v. Deborah M. Cox, 41 F.3d 1294 (9th Cir. 1994).published(holding that “more than the mere existence of an agent-principal relationship is required to charge the agent’s fraud to the principal” and that the agent’s fraud will be imputed to the principal only “if the principal…)
- Fed. Deposit Ins. Corp. v. Calhoun (In Re Calhoun), 131 B.R. 757 (D.D.C. 1991).published(one cannot be charged with the fraud of a partner unless, there is “proof which demonstrates or justifies an inference that the debtor knew or should have known of the fraud)
- Alside Supply Ctr. Salt Lake City v. Aste (In Re Aste), 129 B.R. 1012 (Bankr. D. Utah 1991).publishedWalker, 726 F.2d at 454 (citation omitted) (emphasis added).
- BancBoston Mortg. Corp. v. Ledford (In Re Ledford), 127 B.R. 175 (M.D. Tenn. 1991).published It announced that, “[P]roof that a debtor’s agent obtains money by fraud does not justify the denial of discharge to the debt- or, unless it is accompanied by proof which demonstrates or justifies an inference that the debtor knew or shoul…
- Jacoway v. Anderson (In re Ozark Restaurant Equip. Co.), 96 B.R. 187 (Bankr. W.D. Ark. 1988).published(The criticial question was held to be “one of fact to be decided in the first instance by the bankruptcy court.)
- In re Edward M. Johnson & Assocs., Inc., Debtor. John P. Newton, Jr., Tr. v. Edward M. Johnson, 845 F.2d 1395 (6th Cir. 1988).published In re Walker, 726 F.2d 452, 454-55 (8th Cir.1984); In re Neis, 723 F.2d 584, 588-90 (7th Cir.1983).
- Hardin v. Caldwell (In re Caldwell), 851 F.2d 852 (6th Cir. 1988).publishedIn re Walker, 726 F.2d 452, 454-55 (8th Cir.1984); In re Neis, 723 F.2d 584, 588-90 (7th Cir.1983).
- 19 Collier bankr.cas.2d 328 v. Albert H. Caldwell, 851 F.2d 852 (6th Cir. 1988).publishedIn re Walker, 726 F.2d 452, 454-55 (8th Cir.1984); In re Neis, 723 F.2d 584, 588-90 (7th Cir.1983). 26 Edward M.
- Am. Inv. Bank, N.A. v. Hosking (In Re Hosking), 89 B.R. 971 (Bankr. S.D. Fla. 1988).publishedAlthough the evidence produced at trial adequately supports the conclusion that Hosking signed the fraudulent Financial Statement without reading it and, therefore, he is not entitled to discharge of the AIB debt, 1 Walker v. Citizens Stat…
- Bankr. L. Rep. P 71,860 v. Cecelia Grunewaldt, 821 F.2d 1317 (8th Cir. 1987).publishedE.g., In re Walker, 726 F.2d 452, 454-55 (8th Cir.1984); In re Neis, 723 F.2d 584, 588-90 (7th Cir.1983).
- In re John T. Lansford & Cecily S. Lansford, Debtors. La Trattoria, Inc. v. John T. Lansford & Cecily S. Lansford, John T. Lansford, Cross-Appellant v. La Trattoria, Inc., Cross-Appellee, 822 F.2d 902 (9th Cir. 1987).publishedIn light of the bankruptcy code's purpose of providing a fresh start, see Gleason v. Thaw, 236 U.S. 558, 562 , 35 S.Ct. 287, 289 , 59 L.Ed. 717 (1915), and the decisions of other circuits refusing to apply agency principles absent some cul…
- La Trattoria, Inc. v. Lansford, 822 F.2d 902 (9th Cir. 1987).publishedIn light of the bankruptcy code’s purpose of providing a fresh start, see Gleason v. Thaw, 236 U.S. 558, 562 , 35 S.Ct. 287, 289 , 59 L.Ed. 717 (1915), and the decisions of other circuits refusing to apply agency principles absent some cul…
- Wegner v. Grunewaldt, 821 F.2d 1317 (8th Cir. 1987).publishedE.g., In re Walker, 726 F.2d 452, 454-55 (8th Cir.1984); In re Neis, 723 F.2d 584, 588-90 (7th Cir.1983).
- Chrysler Capital Corp. v. Salzman (In Re Salzman), 61 B.R. 878 (Bankr. S.D.N.Y. 1986).publishedDriggs v. Black (In re Black), 787 F.2d 503, 506 (10th Cir.1986); Walker v. Citizens State Bank of Maryville, Missouri (In re Walker), 726 F.2d 452, 454 (8th Cir.1984) (per curiam), on remand, 53 B.R. 174 (Bankr.W.D.Mo.1985); In re Lovich,…
- Citizens State Bank of Maryville v. Walker (In Re Walker), 53 B.R. 174 (Bankr. W.D. Mo. 1985).publishedAs stated by the Court of Appeals in Matter of Walker, supra, at 454, “[t]he debtor who abstains from all responsibility for his affairs cannot be held innocent for the fraud of his agent if, had he paid minimal attention, he would have be…
- First Nebraska Bank v. Balfour, No. 18-08337 (Bankr. D. Neb. Jan. 24, 2020). See Walker v. Citizens State Bank of Maryville, Mo. (In re Walker), 726 F.2d 452, 454 (8th Cir.1984) (per curiam).
- Chenaille v. Palilla (In re Palilla), 493 B.R. 248 (Bankr. D. Colo. 2013).publishedSee Walker v. Citizens State Bank of Maryville, Mo. (In re Walker), 726 F.2d 452, 454 (8th Cir.1984).
- Nathan Reuter v. Tana Cutcliff, 686 F.3d 511 (8th Cir. 2012).published
- Davis v. Melcher (In Re Melcher), 319 B.R. 761 (D.D.C. 2004).published
- Pisano v. Verdon (In Re Verdon), 95 B.R. 877 (Bankr. N.D.N.Y. 1989).published
- Armstrong v. First Nat'l Bank, Minot (In Re Clothes, Inc.), 40 B.R. 997 (D.N.D. 1984).published
- Crossingham Trust v. Baines (In Re Baines), 337 B.R. 392 (Bankr. D.N.M. 2006).published
- Tsurukawa v. Nikon Precision, Inc. (In Re Tsurukawa), 287 B.R. 515 (B.A.P. 9th Cir. 2002).published
- Sur Gro Plant Food Co. v. Curl (In Re Curl), 64 B.R. 14 (Bankr. W.D. Mo. 1986).published
- Agribank, FCB v. Gordon (In Re Gordon), 293 B.R. 817 (Bankr. M.D. Ga. 2003).published
- Treadwell v. Glenstone Lodge, Inc. (In Re Treadwell), 459 B.R. 394 (Bankr. W.D. Mo. 2011).published
- Fiser v. Croteau (In re Croteau), 76 B.R. 213 (Bankr. S.D. Fla. 1987).published
- CQM, Inc. v. VandenBush, No. 19-02041 (Bankr. E.D. Wis. Feb. 7, 2020).
- In re Benjamin Moonkang Huh, 506 B.R. 257 (B.A.P. 9th Cir. 2014).published
- Buckley v. Bartenwerfer (In re Bartenwerfer), 596 B.R. 675 (Bankr. N.D. Cal. 2019).published
Other citing cases
- In re Albert S. an & Lauri I. an, No. CC-16-1001-KuFKi (B.A.P. 9th Cir. July 27, 2016).unpublished
v.
CITIZENS STATE BANK OF MARYVILLE, MISSOURI, Appellant
The appellee, Laymon Berman Walker, ran as sole proprietor a hardware store in Maryville, Missouri. In late 1979 he became ill and his wife took control of the business for about two years, with lesser involvement of Mr. Walker. During this time Mrs. Walker assigned fictitious accounts receivable to the appellant bank. The bank paid for these assigned accounts by directly depositing some $43,000.00 in the hardware store’s bank account. The Walkers used this money to pay both business and personal expenses. After this scheme was discovered, Walker filed a petition in bankruptcy under Chapter 7. On grounds of fraud the bank objected to the discharge of the $43,-000.00 debt incurred while Mrs. Walker ran the business. 11 U.S.C. § 523(a)(2)(A). The bankruptcy court found that Mrs. Walker was her husband’s agent and that as principal he was responsible for her fraud, even though for purposes of decision it accepted Walker’s testimony that he actually did not know of the fraud. The district court reversed, holding that before the fraud can be imputed to the debtor-principal it must be shown that the debtor-principal knew or should have known of his agent’s fraud. The district court accepted without qualification the bankruptcy court’s finding that Walker did not know of his wife’s fraud, noted the lack of clear showing that Walker should have known of it, and held that the debt was dischargeable. The bank appeals.
It is not now disputed that Mrs. Walker was her husband’s agent, nor is it disputed that Mr. Walker is liable to the bank for the money fraudulently obtained by Mrs. Walker. The only question is whether that debt is dischargeable under the Bankruptcy Code. 11 U.S.C. § 523(a)(2)(A).
[*454] Proof that a debtor’s agent obtains money by fraud does not justify the denial of a discharge to the debtor, unless it is accompanied by proof which demonstrates or justifies an inference that the debtor knew or should have known of the fraud. In re Lovich, 117 F.2d 612, 614-15 (2d Cir.1941). If the debtor was recklessly indifferent to the acts of his agent, then the fraud may also be attributable to the debtor-principal. E.g., David v. Annapolis Banking & Trust Co., 209 F.2d 343, 344 (4th Cir.1953). In the cases cited to us, the debtors were found to be recklessly indifferent because they had signed false documents without examining them. Id.; Gardner v. American Century Mortgage Investors, 577 F.2d 928, 929 (5th Cir.1978); In re Santos, 211 F.2d 887, 889 (7th Cir.1954); In re Savarese, 209 F. 830, 832 (2d Cir.1913). Despite the debtors’ lack of actual knowledge, the courts in those cases refused to discharge the debts because the debtors had no reason, good or bad, for their lack of knowledge. In other words, the debtors in those cases should have known of the fraud. It is clear, however, that failure to read a document prepared by one’s agent before signing it is not the only kind of act which can constitute “reckless indifference.” The debtor who abstains from all responsibility for his affairs cannot be held innocent for the fraud of his agent if, had he paid minimal attention, he would have been alerted to the fraud. See In re Savarese, 209 F. at 832; David, 209 F.2d at 344.
Thus, we agree with the district court that more than the mere existence of an agent-principal relationship is required to charge the agent’s fraud to the principal. However, as indicated, actual participation in the fraud by the principal is not always required. If the principal either knew or should have known of the agent’s fraud, the agent’s fraud will be imputed to the debtor-principal. When the principal is recklessly indifferent to his agent’s acts, it can be inferred that the principal should have known of the fraud.
Whether a principal knew or should have known of his agent’s fraud is, of course, a question of fact. The question was not expressly decided by the bankruptcy court. The bankruptcy court believed that once it was shown that Mrs. Walker was her husband’s agent, Mr. Walker’s knowledge of the fraud was not crucial.
The bankruptcy court did make some observations, unnecessary to its decision as it viewed the law, which speak to the question whether Mr. Walker knew or should have known of the fraud. That court noted that “the evidence does not show that [Walker] expressly and specifically authorized his wife to make misrepresentations,” and stated that “[h]is testimony ... is uncontradicted to the effect that he did not actually know of his wife’s misrepresentations.” The court went on to note that the debtor “had the means and opportunity to discover with facility the course of fraud practiced by his wife.”
The evidence on the “knew or should have known” issue is conflicting. The extent to which Mr. Walker was involved in running the business and the nature of his involvement are debatable. In view of the wife’s admitted business inexperience, some supervision undoubtedly was required and undoubtedly Walker participated to some extent.
In the circumstances, we are unable to characterize the bankruptcy court’s statements as findings that Walker did not know of his wife’s fraud. Rather, we believe that court merely accepted Mr. Walker’s claim arguendo. Similarly, and again in light of its misapprehension of the law, we are unwilling to conclude that the bankruptcy court specifically found that Mr. Walker should have discovered the fraud.
Since the record evidence is subject to differing interpretations and the findings of the bankruptcy court, as indicated, are not presently acceptable as decisive of the basic issue, we believe that the district court erred in finding a want of showing that Mr. Walker knew, or should have known, of his wife’s fraud. The question is one of fact to be decided in the first instance by the bankruptcy court, and we findx a remand to the bankruptcy court for fur[*455] ther findings of fact and conclusions of law is required.
The judgment of the district court is reversed, and the case is remanded for further proceedings consistent with this opinion.