SCOTUS held innocent partner liable for fraud of another partner. Should the innocent party declare bankruptcy, the bankruptcy code would bar a discharge of the debt because it was obtained by false pretenses, a false representation or actual fraud Bartenwerfer v. Buckley
On February 22, 2023, the United States Supreme Court ("the Supreme Court") issued its Opinion in the matter of Bartenwerfer v. Buckley, No. 21-908, LEXIS 943 (Feb. 22, 2023), holding that per
The discharge provided in bankruptcy is fundamental, allowing the “honest but unfortunate” debtor a fresh start. There are various exceptions to the discharge found in Sections 523 and.
On February 22, 2023, the Supreme Court of the United States held that the discharge of prepetition liabilities for debts obtained by fraud of a chapter 7 debtor in bankruptcy, under Section 523(a)(2)(A).
On February 22, 2023, the United States Supreme Court (the “Court”) held that an individual chapter 7 debtor could not discharge a state court judgment arising from the fraudulent acts.