Fraud

2nd Circuit Connecticut Jan 31, 2019

Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition

Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.
Dec 3, 2018

Unprotected Sex Results in a $250,000 Nondischargeable Debt

Lying about herpes resulted in a nondischargeable debt for fraud and battery.

Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers

District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.

Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments

Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.
11th Circuit Jun 29, 2018

Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel

Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
10th Circuit Jun 13, 2018

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.