From the Editor – Discharge and Dischargeability

By The Honorable William Houston Brown (Retired)

Imputing agent’s fraud requires that debtor knew or should have known of agent’s fraud. When record did not establish that debtor knew or had reason to know of sales agent’s misrepresentation to judgment creditor, agent’s fraud was not imputed to debtor/principal. Decisions from the Supreme Court, including Bullock v. BankChampaign, N.A., 133 S.Ct. 1754 (2013), “appear to cut strongly against applying imputed fraud under § 523(a)(2)(A) to except a debt from discharge in the absence of showing of . . .

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