Misrepresentation versus fraudulent Misrepresentation

February 27th, 2014 by Questions

Can you explain the difference between fraudulent misrepresentation and misrepresentation, my understanding is the latter gets expunged through bankruptcy, but the former does not.

Posted from: Alberta


One Response to “Misrepresentation versus fraudulent Misrepresentation”

February 27, 2014 at 7:42 am, Jillian Taylor-Mancusi, Trustee | B.A. | C.I.R.P said:

“Misrepresentation may be fraudulent, innocent or negligent.” The elements of a false misrepresentation (which does not get discharged in bankruptcy) are the existence of a representation; that the representation was false; that the bankrupt knew the representation was false and intended the creditor to act on it so as to enable the credit sought; and that the creditor did rely on the false representation and extend credit.

Please post a follow up comment below:

(Note: comments are reviewed by moderators and then posted after approval. In addition, due to high volume some of the comments might not be posted.)