June 7, 2023
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
May 5, 2023
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
April 28, 2023
Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.
April 25, 2023
Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.
March 24, 2023
One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.
March 7, 2023
A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.
February 23, 2023
The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).
February 10, 2023
To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.
February 3, 2023
If you want a prejudgment asset freeze, ask for equitable relief and the recovery of specific property, Judge Goldblatt says.
3rd Circuit , Delaware ,
December 8, 2022
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?