Another Bankruptcy Discharge Case Before High Court

By Thomas Byrne (February 7, 2018, 11:59 AM EST) -- The U.S. Supreme Court has agreed to weigh in again on one of the most litigated issues in bankruptcy court: whether a discharge of a particular claim should be granted to a debtor who has committed fraud relating to the claim, a statutory discharge exception found in Section 523(a)(2)(A) and (B) of the Bankruptcy Code.[1] The Bankruptcy Code establishes a dichotomy between fraudulent statements regarding the debtor's (or an "insider" of the debtor's) "financial condition" and other fraudulent statements giving rise to a debt. If the statement is characterized as "respecting the debtor's ... financial condition" then it must be in writing to be excepted from discharge. The specific issue before the court concerns whether a false statement about a particular asset can be considered to be a statement respecting the debtor's financial condition. If so, then a written material misrepresentation made with intent to deceive and the creditor's reasonable reliance are all required to except the resulting debt from discharge in bankruptcy....

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