ExpertLaw.com Forums

Fraud in a Fiduciary Capacity

Printable View

Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
  • 10-09-2014, 01:07 PM
    flyingron
    Re: Fraud in a Fiduciary Capacity
    It does but that doesn't mean what you think it says. Unless you can show that they accepted that money with the intent to not use it for the stated purpose, the debt wasn't incurred through fiduciary fraud. The following are the essential elements

    the debtor made a representation;
    the debtor knew at the time the representation was false;
    the debtor made the representation with the intention and purpose of deceiving the creditor;
    the creditor relied on the representation; and
    the creditor sustained damage as the proximate result of the representation.

    Just because they took the money and ended up spending it on something else doesn't make it a non-dischargable debt.
Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
All times are GMT -7. The time now is 03:27 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved