Debtors facing regulatory fines and penalties want to shed them in bankruptcy and emerge without paying them. With certain exceptions, the Bankruptcy Code provides for the discharge of most debts that arise before a plan is...more
4/21/2020
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Code ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Fraud ,
Nondischargeable Debts ,
Penalties ,
Regulatory Fines ,
Trustees
Employers and other defendants suffered a setback recently. Most large companies have been sued by an employee who failed to disclose the lawsuit or cause of action in their individual bankruptcy case. For many years, the...more
10/3/2017
/ Appeals ,
Bankruptcy Court ,
Concurrent Litigation ,
Consumer Bankruptcy ,
Creditors ,
Debtors ,
Failure To Disclose ,
Judicial Estoppel ,
Remand ,
Split of Authority ,
Summary Judgment ,
Totality of Circumstances Test ,
Trustees
Many creditors that provide goods to a debtor before a bankruptcy case begins believe that their recovery will be mere cents on the dollar. While prepetition claims often receive small, if any, distributions, Section...more