Fraud, SCOTUS, Bankruptcy Code

Supreme Court Decides United States v. Miller

Faegre Drinker Biddle & Reath LLP on 3/27/2025

On March 26, 2025, the United States Supreme Court decided United States v. Miller, No. 23-824, resolving a circuit split and holding that in an action brought under § 544(b) of the bankruptcy code, § 106(a)’s sovereign...more

Two Cases Directly Impacting Insurers are Currently Pending Before the United States Supreme Court

Hinshaw & Culbertson - Insights for Insurers on 11/7/2023

Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for...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

U.S. Supreme Court: Debts Due to Business Partner’s Fraud Non-Dischargeable

Rivkin Radler LLP on 4/26/2023

Earlier this year, the Supreme Court issued a decision that all business owners should be aware of. The Supreme Court resolved a Circuit split over whether a debtor can discharge a debt incurred by a fraud committed by the...more

SCOTUS: Bankruptcy Doesn't Erase Debts Incurred by the Fraud of Another

Holland & Hart LLP on 4/4/2023

The United States Supreme Court recently answered the question of whether a debtor in bankruptcy can discharge a debt resulting from another person’s fraud, even if the debtor is not aware of the fraud. On February 22, 2023,...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

High Court Holds Imputed Liability for Fraud is Non Dischargeable Under Bankruptcy Code Section 523

White and Williams LLP on 2/24/2023

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 of her business partner even though the...more

Scotus Holds Fraud-Discharge Exception Extends to All Debts Procured by Fraud Irrespective of Debtor’s Culpability

Foley Hoag LLP on 2/24/2023

The Supreme Court of the United States held that the Bankruptcy Code’s fraud-discharge exception covers debts obtained by fraud, regardless of who committed the fraud. Debtors who are liable for fraud on account of a...more

U.S. Supreme Court Determines a Fraudulent Debt Cannot Be Discharged, Regardless of Debtor’s Culpability

Tucker Arensberg, P.C. on 2/24/2023

In Bartenwerfer v. Buckley, 598 U.S. __ (2023), the United States Supreme Court, in a unanimous opinion authored by Justice Amy Coney Barrett, determined that a debtor could not discharge a judgment debt because the “debt...more

Supreme Court Holds Debtor Who is Liable for Fraud Cannot Discharge That Debt in Bankruptcy

Troutman Pepper Locke on 2/23/2023

In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor’s own culpability. In Bartenwerfer v. Buckley,...more

In Brief: U.S. Supreme Court Declines Review of High-Profile Bankruptcy Rulings

Jones Day on 7/22/2021

Madoff - In what may be the beginning of the final chapter of more than a decade of litigation involving efforts to recover $41 million of the fictitious profits paid to certain investors in Bernard Madoff's defunct...more

Supreme Court Reverses Fifth Circuit's Interpretation of "Actual Fraud"

Holland & Knight LLP on 7/5/2016

In a resounding 7-1 decision, the U.S. Supreme Court resolved an existing split among the U.S. Circuit Courts of Appeal, determining that "actual fraud" under Section 523(a)(2)(A) of the U.S. Bankruptcy Code does not require...more

Fraud › Supreme Court of the United States › Bankruptcy Code

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