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Opinion 8

Case Name: 

Thomsen v. Davies (In re Davies)

Judge: 
Judge Mabey
Date: 
Jan-11-1980
Case Number(s): 
78-0723
Status: 

UNPUBLISHED

Body: 

Plaintiff, who was convinced by debtor to purchase a significant amount of fine silver as an investment, filed suit against debtor after debtor lost all the silver while it was on loan to him by plaintiff. Noting the disparity between the parties' knowledge and experience, the court held that debtor had obtained the silver from plaintiff by false pretenses and false representations, with intent to deceive, which included reckless and knowing omission of material facts, under circumstances requiring disclosure. Therefore, plaintiff's claim was non-dischargeable under § 17a(2) of the Bankruptcy Act (11 U.S.C. § 35a(2)).

Internal Ref: 
Opinion 8
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