Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable
‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.