Actual Fraud Under § 523(a)(2)(A): Circuits Split Over the Necessity of a Misrepresentation.

By: Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)

Two pending petitions for certiorari request clarity to the question of what constitutes actual fraud, and whether a misrepresentation is necessary to render a debt non-dischargeable under § 523(a)(2)(A) of the Bankruptcy Code.

The petitions are in response to recent decisions handed down by the Fifth and First Circuit.

Opinions from the First and Seventh Circuit stand in opposition to the Fifth Circuit’s ruling regarding what debts are non-dischargeable when creditors invoke § 523(a)(2)(A) claiming that . . .

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