Case Citator › RecoverEdge L.P. v. Pentecost

RecoverEdge L.P. v. Pentecost

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fifth Circuit
Citation
44 F.3d 1284
Decided
Confirmed treatments
1
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
2016
Overruled in part
A reviewed court has overruled part of this case’s holding. RecoverEdge L.P. v. Pentecost was overruled in part on one ground; all 30 flagged citations have been read. Husky International Electronics, Inc. v. Ritz held that a debt arising from “actual fraud” under § 523(a)(2)(A) need not involve a false representation.
More on how this was screened

On remand in In re Ritz, the Fifth Circuit expressly recognized that this displaced RecoverEdge's representation requirement for actual fraud. Later courts continue to apply RecoverEdge's separate issue-preclusion and false-representation rules.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite RecoverEdge L.P. v. Pentecost; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on RecoverEdge L.P. v. Pentecost?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Supreme Court displaced RecoverEdge's requirement of a representation to establish “actual fraud” under § 523(a)(2)(A).

    Husky International Electronics, Inc. v. Ritz · Supreme Court of the United States · filed

    We reverse. The term “actual fraud” in § 523(a)(2)(A) encompasses forms of fraud, like fraudulent conveyance schemes, that can be effected without a false representation.
    Read the full opinion on CourtListener →

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