What is the test for discharge of a debt under Section 523(a)(2)(A) of the Ontario Bankruptcy and Insolvency Code?
federal, United States of America
The following excerpt is from Schneider v. Jagar (In re Jagar), Adv. No. 4:14-ap-04037-CN, BAP No. NC-15-1251-BSKu (B.A.P. 9th Cir. 2017):
Section 523(a)(2)(A) excepts from discharge debts incurred under false pretenses, based on false representations, or based on actual fraud. In particular, to establish a claim under
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523(a)(2)(A), the creditor must prove each of the following five elements by a preponderance of the evidence:
Ghomeshi v. Sabban (In re Sabban), 600 F.3d 1219, 1222 (9th Cir. 2010).
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