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Bankruptcy Law

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Georgia Law Review

2017

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Easy Credit And The Erosion Of Dischargeable Debt In Bankruptcy: Advocating For A Broad Interpretation Of 11 U.S.C. § 523(A)(2)(A) & (B)'S "Statement Respecting.. . Financial Condition", Tyler Sandifer Jan 2017

Easy Credit And The Erosion Of Dischargeable Debt In Bankruptcy: Advocating For A Broad Interpretation Of 11 U.S.C. § 523(A)(2)(A) & (B)'S "Statement Respecting.. . Financial Condition", Tyler Sandifer

Georgia Law Review

The Bankruptcy Code largely exists to provide a
"fresh start" to debtors. But not everyone gets a free
pass. If a debtor has intentionally lied in order to
obtain money, property, services, or an extension,
renewal, or refinancing of credit, he receives no
protection. However, there is an exception built into the
code to protect debtors from predatory lenders intent on
gaming the system in an effort to eliminate insolvency
risk. The size of this exception has become a matter of
judicial debate over the past thirty-eight years as a
circuit split has slowly developed over the
interpretation of 11 …