The First Circuit examined section 523(a)(2)(B) cause of action "caused [the writing] to be made or published with intent to deceive". The Court was faced with two issues involving agency (in that the Debtor did not actually publish the document) and intent. The Court determined that the person who published the document was an agent of the Debtor (not the Creditor) and that recklessness can suffice to prove the intent element under section 523(a)(2)(A).
In re O'Donnell - 1st Circuit
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