Field v. Mans and Justifiable Reliance Under Section 523(a)(2)(A) of the Bankruptcy Code: Determining Who is an Experienced Horseman

Dischargeability of debt in bankruptcy a powerful motivator. In the United States, hundreds of thousands of individuals file bankruptcy each year in contemplation of discharging and/or reorganizing the payment of their debts. Bankruptcy relief a privilege, not a right,1 and each must comply with specific statutory and judicially created duties2 in order to claim this remedy. The most important aspect of debt discharge the debtor's candor. Discharge a remedy for the honest but unfortunate debtor.3 In order to have a claim declared nondischargeable, the creditor must prove that the not the honest but unfortunate debtor that the Bankruptcy Code designed to protect. Once the creditor has proven the debtor's dishonesty, such as fraud under section 523(a)(2)(A) of the Bankruptcy Code,4 the is no longer entitled to the benefit of