bankruptcy

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In 2005, Respondent ASARCO, a copper mining company, filed for bankruptcy protection under Chapter 11 of the federal Bankruptcy Code (the “Code”) due to mounting cash-flow and litigation problems. In re ASARCO, 751 F.3d 291, 293 (5th Cir. 2014). Prior...

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In 2013, Respondents David Caulkett and Edelmiro Toledo-Cardona (collectively, “the borrowers” or “Caulkett and Toledo-Cardona”) each filed a petition for chapter 7 bankruptcy in the United States Bankruptcy Court for the Middle District of Florida (“...

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Overview:

Bankruptcy law provides for the reduction or elimination of certain debts, and can provide a timeline for the repayment of nondischargeable debts over time. It also permits individuals and organizations to repay secured debt....

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Bankruptcy fraud is a white-collar crime that commonly takes four general forms:

A debtor conceals assets to avoid having to forfeit them. An individual intentionally files false or incomplete forms. Including false information on a...
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Kate Bartenwerfer and her then-boyfriend, David Bartenwerfer, bought a house in San Francisco, CA with the intent to remodel it. In re Bartenwerfer, 596 B.R. 675, 677 (Bankr. N.D. Cal. 2019). Neither Mr. nor Mrs. Bartenwerfer had a contracting license...

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Issue(s)

What is the definition of “defalcation” under § 523(a)(4) of the Bankruptcy Code?

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Facts

In 2009, Randy Bullock filed for bankruptcy in the United States Bankruptcy Court for the Northern...

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The petitioners, Central Virginia Community College, Virginia Military Institute ("VMI"), New River Community College, and Blue Ridge Community College ("the Virginia Institutions") are public, higher education...

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In 2016, Petitioner City of Chicago (“Chicago”) amended its municipal code so that “[a]ny vehicle impounded by [Chicago] or its designee shall be subject to a possessory lien in favor of [Chicago] in the amount required to obtain release of the vehicle...

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Facts

Ruth Heffron established an Individual Retirement Account (“IRA”) and designated her daughter, Petitioner Heidi Heffron-Clark, as the sole beneficiary. See In re Clark, 714 F.3d 559, 560. When Ruth died in September 2001, the account, worth...

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Consolidated with Travelers Indemnity Company et al. v. Bailey, et al. (08-295).

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