Field v. Mans, 516 U.S. 59, 5 (1995)

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Cite as: 516 U. S. 59 (1995)

Opinion of the Court

to their detriment in extending credit.2 The court followed Circuit precedent, however, see In re Burgess, 955 F. 2d 134 (CA1 1992), in requiring the Fields to make a further showing of reasonable reliance, defined as "what would be reasonable for a prudent man to do under those circumstances." App. 43-44. The court held that a reasonable person would have checked for any conveyance after the exchange of letters, and that the Fields had unreasonably ignored further reason to investigate in 1988, when Mr. Field's boss told him of a third party claiming to be the owner of the property.3 Having found the Fields unreasonable in relying without further enquiry on Mans's implicit misrepresentation about the state of the title, the court held Mans's debt dischargeable.

The District Court affirmed, likewise following Circuit precedent in holding that § 523(a)(2)(A) requires reasonable reliance to exempt a debt from discharge, and finding the Bankruptcy Court's judgment supported by adequate indication in the record that the Fields had relied without sufficient reason. The Court of Appeals for the First Circuit affirmed judgment for the Bankruptcy Court's reasons. Judgt. order reported at 36 F. 3d 1089 (1994).

We granted certiorari, 514 U. S. 1095 (1995), to resolve a conflict among the Circuits over the level of reliance that § 523(a)(2)(A) requires a creditor to demonstrate.4

2 Here, Mans argues that neither he nor his corporation obtained any extension of credit at the time of the alleged fraud or thereafter. Since this issue was never raised previously and is not fairly subsumed within the question on which we granted certiorari, we do not reach it.

3 Mr. Field testified in the Bankruptcy Court proceeding that he asked Mans in 1988 about the report of a conveyance and that Mans indicated he had not conveyed the property, App. 14-15, but Mr. Field later testified that he had not confronted Mans on the issue, id., at 26-27. The Bankruptcy Court made no finding about any such conversation.

4 Compare In re Ophaug, 827 F. 2d 340 (CA8 1987); In re Mayer, 51 F. 3d 670 (CA7 1995); In re Allison, 960 F. 2d 481 (CA5 1992), with In re Burgess, 955 F. 2d 134 (CA1 1992); In re Mullet, 817 F. 2d 677 (CA10 1987).

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