CAGO, Inc. v. Slade
Even though a settlement agreement may not have been induced by fraud, if it novates a contract predicated on fraud, the settlement amount is itself nondischargeable (and thus the measurement of the nondischargeable debt) under § 523(a)(2)(A). For the Court to find a debt nondischargeable on the basis of a debtor's misrepresentation regarding his financial condition, the misrepresentation must be made in a written document. § 523(a)(2)(B). This opinion also summarily describes when § 523(a)(11) is applicable. --- B.R. ----, 2012 WL 907225 (Bankr.D.N.M. J. Jacobvitz 2012).