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Judgment Creditors Commercial Bankruptcy

Jones Day

From the Top in Brief: U.S. Supreme Court Clarifies Whether Debts Based on False Statements Can Be Discharged in Bankruptcy

Jones Day on

On June 4, 2018, the U.S. Supreme Court ruled in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, 138 S. Ct. 1752, 2018 WL 2465174 (U.S. June 4, 2018), that an individual debtor's false statement about a single asset, as...more

McGuireWoods LLP

Statement By Debtor About Single Asset Can Be Statement Respecting Debtor’s Financial Condition Under Bankruptcy Code Section...

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Section 523(a)(2)(B) of the Bankruptcy Code provides that a discharge under the Bankruptcy Code does not discharge an individual debtor from any debt for money, property, services, or an extension, renewal, or refinancing of...more

Ward and Smith, P.A.

In Chapter 7, Oral Lies Are Safer Than Written Lies

Ward and Smith, P.A. on

In my last article, I discussed how the Fourth Circuit Court of Appeals affirmed the denial of a Chapter 7 debtor’s discharge because the debtor intentionally lowballed the value of his interest in a real estate investment...more

BakerHostetler

Supreme Court Holds That a Statement About a Single Asset Can Be a Statement Respecting a Debtor's Financial Condition

BakerHostetler on

The Supreme Court held that a statement about a single asset can be a “statement respecting the debtor’s financial condition” for purposes of determining the application of the exception to discharge set forth in Section...more

BCLP

SCOTUS Reminds Us To Get It In Writing When Dealing with Someone that Owes You Money

BCLP on

The recent decision from the United States Supreme Court in Lamar, Archer & Cofrin, LLP v. Appling (“Lamar”), further restricts a creditor’s ability to pursue future recovery on its debt through a nondischargeability action...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Resolves Circuit Split on the Dischargeability of Debts Obtained by Oral Misrepresentations

On June 4, the Supreme Court decided Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, in a unanimous opinion by Justice Sotomayor. The Court affirmed the Eleventh Circuit and resolved a circuit split about the meaning of...more

Fox Rothschild LLP

U.S. Supreme Court Finds Debt Obtained By False Promises To Pay, Dischargeable

Fox Rothschild LLP on

The U.S. Supreme Court resolved a dispute about whether debts obtained by false promises to pay (or fraud) can be discharged in bankruptcy. On June 4, 2018, the U.S. Supreme Court issued an opinion affirming the U.S. Court...more

Jackson Walker

Lamar Opinion Reminds Creditors to Get in Writing Any Representations About Debtors’ Financial Conditions

Jackson Walker on

On June 4, 2018, the Supreme Court of the United States issued its opinion authored by Justice Sotomayor in Lamar, Archer & Cofrin, LLP v. Appling impacting the discharge of debts under Bankruptcy Code § 523(a)(2)(A)....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lamar, Archer & Cofrin, LLP v. Appling

On June 4, 2018, the Supreme Court of the United States decided Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, holding that a statement about a single asset can be a “statement respecting the debtor’s financial...more

Dechert LLP

Restructuring and Insolvency Bulletin: Issue 4 - May 2018: Bad Faith and Misconduct Not a Bar to US Recognition of Hong Kong...

Dechert LLP on

Manley Toys Limited once claimed to be the seventh largest toy company in the world. Due to ongoing litigation and declining sales, it entered into a voluntary liquidation in Hong Kong. On March 22, 2016, the debtor’s...more

Cole Schotz

New Delaware Chapter 11 Filing – Restaurants Aquisition I, LLC

Cole Schotz on

Restaurants Acquisition I, LLC, owner of the Black-eyed Pea and Dixie House restaurant concepts located in Dallas, Texas, has filed a chapter 11 petition before the United States Bankruptcy Court for the District of Delaware....more

Cooley LLP

Blog: Mandatory Subordination: How Even A Money Judgment Can Be Treated Like Equity In Bankruptcy

Cooley LLP on

When an insolvent entity files for bankruptcy, it can be tough to be a creditor. But holding equity — stock in a corporation or a membership interest in an LLC, a limited liability company — can be even worse. ...more

Carlton Fields

Recognition of Foreign Judgments in the United States

Carlton Fields on

Every year, thousands of foreign court judgments are brought to U.S. federal and state courts for recognition and enforcement, raising thorny issues for both U.S. and foreign lawyers seeking to obtain, or oppose, recognition....more

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