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Chapter 7 Nondischargeable Debts

Nelson Mullins Riley & Scarborough LLP

Ninth Circuit Bankruptcy Appellate Panel Declines to Extend Bartenwerfer to Intentional Torts

This blog previously covered the Supreme Court’s decision in Bartenwerfer v. Buckley, 598 U.S. 69 (2023), which held that, under Section 523(a)(2) of the Bankruptcy Code, an individual debtor may not discharge through...more

Falcon Rappaport & Berkman LLP

Fourth Circuit Holds That Settlement of Nondischargeable Debt and Resulting Interest and Fees Owed Thereunder Are Both...

We have written in the past about exceptions to the general rule regarding a debtor’s ability to discharge debt in bankruptcy and achieve a “fresh start.” In a recent decision of interest, the Court of Appeals for the Fourth...more

Pullman & Comley, LLC

Connecticut District Court Applies Expansive Reading of “Fiduciary” in Determining Non-dischargability of Breach of Fiduciary Duty...

Pullman & Comley, LLC on

A debt “for fraud or defalcation while acting in a fiduciary capacity” cannot be discharged in an individual bankruptcy case. 11 U.S.C. §523(a)(4). The precise scope of the term, “fiduciary,” within the meaning of this...more

BCLP

State Court Default Judgment Estops Debtor from Contesting Former In-laws’ Action to Deny Discharge in Later Bankruptcy (with...

BCLP on

Just last month, the Bankruptcy Cave reported upon a Southern District of Texas case in which a debtor was denied discharge of a debt owed to an old (and likely former!?!) friend from church who had been required to pay off a...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Recoupment of Civil and Criminal Penalties under Bankruptcy Code

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendant – who had pleaded guilty in a criminal case to one count of fraud under the Commodity Exchange Act (CEA) and one count of money laundering,...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Challenge to Dischargeability of Claim Against Broker in Bankruptcy

Bass, Berry & Sims attorney Chris Lazarini discussed an adversary proceeding brought against a broker by a plaintiff seeking recovery of investment losses. After the plaintiff filed a FINRA arbitration, the broker filed a...more

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