IN RE MANS

BAP No. NH 96-085.

210 B.R. 1 (1997)

In re Philip W. MANS William and Norinne FIELD, Plaintiffs/Appellees, v. Philip W. MANS, Defendant/Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

June 25, 1997.


Attorney(s) appearing for the Case

W.E. Whittington IV, Brooks McNally Whittington Platto & Vitt, P.C., Norwich, VT, were on brief for defendant/appellant.

Christopher J. Seufert and Seufert Professional Association, Franklin, NH, were on brief for appellees.

Before QUEENAN, FEENEY and BOROFF, Bankruptcy Judges.


QUEENAN, Bankruptcy Judge.

Having already made its mark on the fraud exception to a debt's discharge in bankruptcy, this case bids fair to do so again. In a prior appeal by the present appellees, William and Norinne Field (the "Fields"), the Supreme Court ruled in their favor. It held the degree of reliance required under section 523(a)(2)(A) of the Bankruptcy Code is merely justifiable reliance, the predominant standard at common law, rather than the more exacting...

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