Gear v. Davis

2 Citing cases

  1. In re Cassel

    322 B.R. 363 (Bankr. C.D. Ill. 2005)   Cited 15 times
    Noting that a creditor's reliance is only relevant when the fraud complained of takes the form of a misrepresentation and that, when actual fraud is involved, reliance is subsumed within the determination as to whether the debtor tricked the creditor into extending credit

    Viewed as totally independent of the discharge exception which required the false statement to be in writing, a false representation did not need to be in writing. Gear v. Davis, 20 Utah 2d 184, 435 P.2d 923 (1968). Oral misrepresentations made to procure a loan were given no protection.

  2. Matter of Herman

    6 B.R. 352 (S.D.N.Y. 1980)   Cited 18 times

    1A Collier on Bankruptcy ¶ 17.16 at 1637-8 (14 ed. 1926). See also 8 Remington on Bankruptcy § 3319 at 177 (1955); Gear v. Davis, 20 Utah 2d 184, 435 P.2d 923 (1968). False representations made in the form of a false financial statement, on the other hand, by the express provisions of the statute must be in writing.