In the case of In re: McIntosh, a debt purchaser’s assertion that it was entitled to enforce a debt not correctly listed on the debtor’s bankruptcy schedules was met with significant pushback from the U.S. Bankruptcy Court...more
6/7/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 7 ,
Consumer Bankruptcy ,
Creditors ,
Debt ,
Debt Buyers ,
Debt Collectors ,
Debtors ,
Due Diligence ,
Financial Services Industry
The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. The U.S....more
1/30/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 7 ,
Credit Cards ,
Creditors ,
Debt ,
Debt Buyers ,
Debt Collection ,
debt-buy ,
Debtors ,
Financial Services Industry ,
Florida ,
Motion for Sanctions ,
PACER
In a unanimous decision, the U.S. Supreme Court held that Section 523(a)(2)(A) of the U.S. Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own...more
6/26/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Bartenwerfer v Buckley ,
Chapter 7 ,
Chicago v Fulton ,
Community Property ,
Consumer Bankruptcy ,
Debtors ,
Dischargeable Debts ,
Financial Services Industry ,
Fraud ,
SCOTUS ,
Section 362
In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor’s own culpability. In Bartenwerfer v. Buckley,...more