Topic: may be determined from the totality of the circumstances of… · Go Syfert
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Topic #6249

10 canonical passages across 10 cases, quoted by 55 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Central Credit Union v. Logan (In Re Logan).

#Case FlagCanonical passage Citers
1 Central Credit Union v. Logan (In Re Logan) Anchor
ilnb · 2005
green “may be determined from the totality of the circumstances of a case and may be inferred when the facts and circumstances present a picture of deceptive conduct on the debtor's part.” 8
2 Baermann v. Ryan (In Re Ryan)
ilnb · 2009
green “a debtor's failure to disclose pertinent information may be a false representation where the circumstances imply a specific set of facts and disclosure is necessary to correct what would otherwise be a false impression.” 8
3 Johnston v. Campbell (In Re Campbell)
ilcb · 2007
green “however, a plaintiff may not bury his head in the sand and willfully ignore obvious falsehoods.” 6
4 Farooqi v. Carroll (In re Carroll)
txnb · 2011
green “there can be little doubt that a bankruptcy court, as an article i tribunal, has the constitutional authority to hear and finally determine what claims are non-dischargeable in a bankruptcy case.” 6
5 Ojeda v. Goldberg
ca7 · 2010
green “requires only that the creditor did not 'blindly rely upon a misrepresentation the falsity of which would be patent to him if he had utilized his opportunity to make a cursory examination or investigation.” 5
6 Deady v. Hanson (In Re Hanson)
ilnb · 2010
green “a debtor's silence regarding a material fact can constitute a false representation under 523(a)(2)(a).” 5
7 Sterna v. Paneras (In Re Paneras)
ilnb · 1996
green “does not mean that the creditor's conduct must conform to the standard of the reasonable man.” 5
8 Bombardier Capital, Inc. v. Dobek (In Re Dobek)
ilnb · 2002
green “a person is justified in relying on a representation of fact 'although he might have ascertained the falsity of the representation had he made an investigation.” 4
9 Rae v. Scarpello (In Re Scarpello)
ilnb · 2002
green “to satisfy the reliance element of 523(a)(2)(a), the creditor must show that the debtor made a material misrepresentation that was the cause-in-fact of the debt that the creditor wants excepted from discharge.” 4
10 Media House Productions, Inc. v. Amari (In re Amari)
ilnb · 2012
green “false pretenses in the context of section 523(a)(2)(a) include implied misrepresentations or conduct intended to create or foster a false impression.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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