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
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
Suppose you are a lender or credit provider to California consumers.
At the start of the pandemic, one of your customers runs up $50,000 in debt and fails to pay. You obtain a judgment and secure it by recording an...more
The U.S. Department of Justice (DOJ) has released guidance to its attorneys regarding requests to discharge student loans in bankruptcy cases. The 16-page memorandum developed in coordination with the Department of Education...more