News & Analysis as of May 19, 2025

Fraud › Bartenwerfer v Buckley

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Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain.

California Business Divorce: Partner Fraud and Personal Liability - Important Lessons from Bartenwerfer v. Buckley

Stradling Yocca Carlson & Rauth on 1/8/2025

The Story Behind the Case - Kate and David Bartenwerfer started their business with a straightforward plan. The couple decided to renovate and sell a house they jointly owned in San Francisco. David handled the remodeling...more

High Court Bankruptcy Ruling Is a Warning to Joint Obligors

Troutman Pepper Locke on 6/26/2023

In a unanimous decision, the U.S. Supreme Court held that Section 523(a)(2)(A) of the U.S. Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own culpability. ...more

Supreme Court Holds That Fraud Exception to Debt Discharge can Include Fraud by Someone Other Than the Debtor

Patterson Belknap Webb & Tyler LLP on 3/30/2023

We have previously blogged about Bartenwerfer v. Buckley, No. 21-908, a Supreme Court case concerning the scope of the fraud exception to the dischargeability of debts in bankruptcy. Section 523 of the Bankruptcy Code exempts...more

No Discharge for Bonnie, No Discharge for Clyde.

Ward and Smith, P.A. on 3/13/2023

The Bankruptcy Code generally allows a debtor to wipe out all pre-bankruptcy debts and get a fresh start in life. But not all debts are equal. Some debts can't be discharged, meaning they survive bankruptcy, and the...more

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

Harris Beach Murtha PLLC on 3/10/2023

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 Limits the Ability to Discharge Debts Obtained by Fraud

Miller Nash LLP on 3/8/2023

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 727 of the Bankruptcy Code—designed to...more

U.S. Supreme Court Affirms Decision Expanding Exception to Debtor's Discharge for Fraud of Another

Harris Beach Murtha PLLC on 3/1/2023

The U.S. Supreme Court issued a unanimous decision yesterday holding that a debtor may be barred from discharging a debt for money obtained by the fraud of a partner....more

Supreme Court Confirms Nondischargeability of Debts Obtained by Fraud

Nelson Mullins Riley & Scarborough LLP on 2/27/2023

In a unanimous decision handed down on Feb. 22, 2023, the Supreme Court reinforced one of the Bankruptcy Code’s important creditor protections. In Bartenwerfer v. Buckley, No. 21-908, 598 U.S. ___ (2023), the Court confirmed,...more

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Fraud › Bartenwerfer v Buckley

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