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Fraud › Supreme Court of the United States › Creditors

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

Ward and Smith, P.A.

No Discharge for Bonnie, No Discharge for Clyde.

Ward and Smith, P.A. on

The Bankruptcy Code generally allows a debtor to wipe out all pre-bankruptcy debts and get a fresh start in life.  But not all debts are equal.  Some debts can't be discharged, meaning they survive bankruptcy, and the...more

Miller Nash LLP

Supreme Court Limits the Ability to Discharge Debts Obtained by Fraud

Miller Nash LLP on

The discharge provided in bankruptcy is fundamental, allowing the “honest but unfortunate” debtor a fresh start. There are various exceptions to the discharge found in Sections 523 and 727 of the Bankruptcy Code—designed to...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Confirms Nondischargeability of Debts Obtained by Fraud

Nelson Mullins Riley & Scarborough LLP on

In a unanimous decision handed down on Feb. 22, 2023, the Supreme Court reinforced one of the Bankruptcy Code’s important creditor protections. In Bartenwerfer v. Buckley, No. 21-908, 598 U.S. ___ (2023), the Court confirmed,...more

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