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U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy

On February 22, 2023, in Bartenwerfer v. Buckley, 598 U.S. __ (2023), the U.S. Supreme Court ruled that a debtor who is liable for her partner’s fraud cannot discharge that debt in bankruptcy, regardless of her own...more

Supreme Court Holds Creditor Retention of Debtor’s Property Does Not Violate "Automatic Stay"

The Supreme Court of the United States recently issued a decision regarding the scope of the “automatic stay” codified at section 362 of the Bankruptcy Code. By way of background, the filing of a bankruptcy petition...more

COVID-19 Crisis Prompts Changes to Bankruptcy Code Concerning Debtors, Consumers and Businesses

The COVID-19 crises recently prompted the passage of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, in part, includes changes to the Bankruptcy Code of which financial institutions should be made...more

Revisions to Bankruptcy Code Spell Good News for Creditors

It is bad enough when a customer or borrower files for bankruptcy and you have to write off the debt, but things can get worse when you are then faced with a lawsuit to recover payments made within the 90 days prior to the...more

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