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Supreme Court of the United States › Fraud › Debtors

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Miller

Faegre Drinker Biddle & Reath LLP on

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

Troutman Pepper Locke

High Court Bankruptcy Ruling Is a Warning to Joint Obligors

Troutman Pepper Locke on

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

Patterson Belknap Webb & Tyler LLP

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

Patterson Belknap Webb & Tyler LLP on

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

Ward and Smith, P.A.

No Discharge for Bonnie, No Discharge for Clyde.

Ward and Smith, P.A. on

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

Miller Nash LLP

Supreme Court Limits the Ability to Discharge Debts Obtained by Fraud

Miller Nash LLP on

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

Harris Beach Murtha PLLC

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

Harris Beach Murtha PLLC on

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

Nelson Mullins Riley & Scarborough LLP

Supreme Court Confirms Nondischargeability of Debts Obtained by Fraud

Nelson Mullins Riley & Scarborough LLP on

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

White and Williams LLP

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

White and Williams LLP on

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

Foley Hoag LLP

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

Foley Hoag LLP on

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

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

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