Colombo Bank v. Sharp’s Empirical Analysis

Citation profile

2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to satisfy subsection (2)(B), a creditor must prove five elements: (1) “use of a statement in writing,” (2) “that [was] materially false,” (3) “respecting the debtor’s ... financial condition,” (4) “on which the creditor ... reasonably relied,” and (5) “that the debtor caused to be made or published with intent to deceive.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ocean Equity Group, Inc. v. Wooten (In Re Wooten) · Carto v. Oakley (In re Oakley)

2. “a [creditor’s] duty to investigate can arise when the surrounding circumstances give rise to red flags that merit further investigation. This analysis turns on ‘an individual standard of the [creditor’s] own capacity and the knowledge which he has.’ Thus, when the circumstances are such that they should warn a creditor that he is being deceived, he cannot justifiably rely on the fraudulent statements without further investigation.”

   1 later decision quote this exact passage · from the majority
   e.g. Limberger v. Cleary (In re Cleary)

3. “(a) ... any debt— (2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by— (A) false pretenses, a false representation, or actual fraud ...;”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Smith (In re Smith)