FIELD-V-MANS AND JUSTIFIABLE RELIANCE UNDER SECTION-523(A)(2)(A) OF THE BANKRUPTCY-CODE - DETERMINING WHO IS AN EXPERIENCED HORSEMAN

Prior to Field v. Mans, the U.S. circuit courts of appeal were in conf lict over the standard of reliance required for a debt to be declared nondischargeable under section 523(a)(2)(A) of the Bankruptcy Code, Be cause of this conflict, the U.S. Supreme Court granted certiorari and subsequently held that the appropriate standard is justifiable relianc e. This Note analyzes and discusses the Mans decision and the underlyi ng case law, with particular emphasis on the reliance standard and the duty to investigate as described in the Restatement (Second) of Torts .