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Misrepresentation versus fraudulent Misrepresentation

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

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One Response to “Misrepresentation versus fraudulent Misrepresentation”

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.