Fraud

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.

One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly profitable but litigation

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

Pendulum of Deregulation Swings at Consumer Crypto Creditors By Brandon R. Wood Philosopher George Santayana once said, “Those who cannot remember the past are condemned to repeat it.” 1 This quote is apt when describing modern financial markets surrounding

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor entity. Indeed, virtually every

Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?

10 Lessons from 40 Years of Service By Clifford J. White III 1 I had the privilege of leading the U.S. Trustee Program (USTP), known as the “watchdog” of the bankruptcy system, for 17 years. In March 2022, I retired after more than 40 years in public service, almost all