Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud
Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.
Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.
Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability
The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.
Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term
High court to decide whether a false oral statement about one asset results in nondischargeability.
Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope
Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.