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Fraud › Supreme Court of the United States › Commercial Bankruptcy

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Miller

Faegre Drinker Biddle & Reath LLP on

On March 26, 2025, the United States Supreme Court decided United States v. Miller, No. 23-824, resolving a circuit split and holding that in an action brought under § 544(b) of the bankruptcy code, § 106(a)’s sovereign...more

Holland & Knight LLP

Supreme Court Reverses Fifth Circuit's Interpretation of "Actual Fraud"

Holland & Knight LLP on

In a resounding 7-1 decision, the U.S. Supreme Court resolved an existing split among the U.S. Circuit Courts of Appeal, determining that "actual fraud" under Section 523(a)(2)(A) of the U.S. Bankruptcy Code does not require...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

Orrick, Herrington & Sutcliffe LLP on

Tennessee Chancery Court Denies Motion to Dismiss $164 Million RMBS Suit Brought by Tennessee Pension Fund - On May 24, 2016, Chancellor Carol L. McCoy of the Chancery Court for Davidson County, Tennessee, declined to...more

Ervin Cohen & Jessup LLP

Bankruptcy Bleak House—The Limited Ability of Bankruptcy Courts to Enter Final Judgments

Ervin Cohen & Jessup LLP on

In Stern V. Marshall, ____ U.S ___, 131 S. Ct. 2594 (2011), the Supreme Court held that bankruptcy courts cannot issue final judgments on state law counterclaims even though they are “core proceeding”. Stern V. Marshall is...more

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