News & Analysis as of

Fraud › Debt

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Sheppard Mullin Richter & Hampton LLP

FTC Files Action Against Student Debt Relief Enterprise

Sheppard Mullin Richter & Hampton LLP on

On June 28, the FTC announced it had filed an action in federal court against a California-based student debt relief enterprise for deceptive practices, including unlawfully obtaining advance fees for debt relief, and...more

Rosenberg Martin Greenberg LLP

Third Circuit Holds That Furnisher Who Receives Notice of an Indirect Dispute Has Absolute Duty to Investigate Under FCRA

Rosenberg Martin Greenberg LLP on

News accounts of instances of stolen identity in which identity thieves incur debts in the names of innocent consumers are common. Given the structure of the consumer credit industry, it is difficult for consumers to know...more

Rivkin Radler LLP

U.S. Supreme Court: Debts Due to Business Partner’s Fraud Non-Dischargeable

Rivkin Radler LLP on

Earlier this year, the Supreme Court issued a decision that all business owners should be aware of. The Supreme Court resolved a Circuit split over whether a debtor can discharge a debt incurred by a fraud committed by the...more

Holland & Hart LLP

SCOTUS: Bankruptcy Doesn't Erase Debts Incurred by the Fraud of Another

Holland & Hart LLP on

The United States Supreme Court recently answered the question of whether a debtor in bankruptcy can discharge a debt resulting from another person’s fraud, even if the debtor is not aware of the fraud. On February 22, 2023,...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Holds That Fraud Exception to Debt Discharge can Include Fraud by Someone Other Than the Debtor

Patterson Belknap Webb & Tyler LLP on

We have previously blogged about Bartenwerfer v. Buckley, No. 21-908, a Supreme Court case concerning the scope of the fraud exception to the dischargeability of debts in bankruptcy. Section 523 of the Bankruptcy Code exempts...more

Foley & Lardner LLP

Practical and Legal Considerations for Extending Cash Runway in a Changing Economy

Foley & Lardner LLP on

Bearing the Bear Market: Article 2 The funding environment for emerging companies has fundamentally shifted in 2022 for both venture capital and IPOs, particularly after a banner year in 2021. Whether these headwinds...more

Patterson Belknap Webb & Tyler LLP

Appeals Court Rules That a Discharge Injunction Bars a Fraudulent Transfer Claim Based on a Non-Dischargeable Debt

Patterson Belknap Webb & Tyler LLP on

A discharge of debt in bankruptcy “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of...more

Winthrop & Weinstine, P.A.

MN Supreme Court: Creditors May Void Fraudulent Transfers of Assets in Uncontested Divorces

Winthrop & Weinstine, P.A. on

On July 9, 2014, in Citizens State Bank Norwood Young America v. Gordon Brown, et al., the Minnesota Supreme Court held that Minnesota's Uniform Fraudulent Transfer Act ("MUFTA") may be applied to transfers of assets made as...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - Volume IX, Issue 25

Katten Muchin Rosenman LLP on

In this issue: - Delaware Court of Chancery Rules That a Major Debt Holder and 48 Percent Stockholder Is a Controlling Stockholder and Owes Fiduciary Duties to Minority Stockholders - Delaware Court of Chancery...more

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