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Another Bankruptcy Discharge Case Before High Court

Law360, New York (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...
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