Misrepresenting One Asset Is More Dangerous than Misrepresenting All Assets
Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.
Even ‘False’ Debts Are Discharged
Student loan lender’s argument was ‘preposterous,’ judge says.
Supreme Court Might Grant ‘Cert’ to Resolve a Split on Dischargeability
Solicitor General believes oral misrepresentation of one asset does not result in nondischargeability.
En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy
Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order
Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.