Debts for a Partner’s Fraud Are Confirmed to be a Nondischargeable Debt According to the Supreme Court’s Opinion
In a unanimous opinion by the Supreme Court, the Court held an innocent partner liable for the fraud of another partner. Should the innocent party declare bankruptcy, the bankruptcy code would bar a discharge of the debt because it was obtained by false pretenses, a false representation or actual fraud. In Bartenwerfer v. Buckley, prior […]
REAL PROPERTY MORTGAGES, SECTION 707(b) OF THE BANKRUPTCY CODE, AND THE APPLICABLE APPELLATE STANDARD: HOW THE NINTH CIRCUIT DISTINGUISHED BETWEEN QUESTIONS OF LAW AND FACT
Co-Authored by Geoffrey E. Lynott Determining whether you qualify under Chapter 7 or Chapter 13 of the Bankruptcy Code is critical when seeking bankruptcy protection. The Bankruptcy Code limits a consumer debtor’s ability to discharge his or her debts as opposed to a debtor that incurs mostly business related debts. Enter Paul Cherrett. Mr. Cherrett […]
Add Web Slice