Did You Really Rely Upon That?

The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement. In this case the Debtor purchased a 2020 Dodge Challenger, financed by the bank, without disclosing she intended to rent the vehicle to others. The Court found that “the bank has failed to prove the necessary element of reliance, and the debt is therefore dischargeable.”

First, the debtor signed . . .

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Staff Attorney for Chapter 13 Standing Trustee Herbert L. Beskin (Charlottsville, VA)

Angela M. Scolforo is the Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia, where she has worked for 13 years. She has spoken on seminar panels in Virginia and nationally and enjoys learning from and interacting with her peers. Before becoming a Staff Attorney, she represented debtors in consumer bankruptcy cases and many other clients. She also serves as the Town Attorney for Gordonsville, Virginia. She is the mother of four children and six grandchildren. She graduated from the University of Virginia School of Law in 1998, and received a B.A. in English from the College of the Holy Cross in 1987. She is the past Chairman of the Bankruptcy Section of the Virginia State Bar on which she has served from 2009 through 2016.

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