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false financial statement bar to discharge

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 266 U.S. 321 - Gerdes v. Lustgarten · 1924Most cited · 102 citing opinions

The only essentials to the statutory bar, in so far as relates to the present question, are: (a) That the written statement was made for the purpose of obtaining credit; (b) that it was materially false; and (c) that the credit was obtained upon it. If these are established the vice inherent in the original falsity of the statement is not remedied by the lapse of time; and if the creditor extends credit upon such a false statement while it is still in force and binding upon the bankrupt, within the time in which he intended it should serve that end, it does not lie in his mouth to say that by reason of extrinsic circumstances the creditor was not justified in relying upon it.