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    Barred by Res Judicata & Judicially Estopped - Court Finds That Netflix Has No Chill
    2016-06-15

    By now (unless you’ve been living under a rock), we’re all familiar with the expression, “Netflix and chill.” It’s everywhere. Flooding your Instagram feed with duplicitous memes. Halloween costumes. Really, really bad pick-up lines. Like the many trite colloquialisms that have come before it, Netflix and chill’s ubiquity has begun to wane with overuse and time.

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Res judicata and issue estoppel, Netflix, Supreme Court of the United States
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court’s discharge exception ruling gives creditors more options
    2016-06-03

    One goal of bankruptcy for individuals is the discharge of debts, meaning that, upon the successful completion of their bankruptcy case, the debtor is no longer personally responsible for the obligations owed prior to the bankruptcy filing. There are certain exceptions to the discharge that apply to particular debts, generally for obligations on debts that are either preferred (such as certain taxes or support obligations) or debts that were incurred under circumstances perceived as bad acts (such as willful and malicious injury or fraud).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Thompson Coburn LLP, Debtor, Fraud, Debt, Bankruptcy discharge, Supreme Court of the United States
    Authors:
    Brian W. Hockett
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Supreme Court Adopts a Broad Reading of “Actual Fraud” Under the Bankruptcy Code
    2016-06-01

    On May 16, the U.S. Supreme Court decided Husky International Electronics, Inc. v. Ritz[1], ruling that the term “actual fraud” in section 523(a)(2)(A) of the Bankruptcy Code includes forms of fraud that do not involve a fraudulent misrepresentation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Foster Swift Collins & Smith PC, Bankruptcy, Fraud, Supreme Court of the United States
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Husky Is Not So Lucky for Debtors - the United States Supreme Court’s Recent Opinion on the Denial of Debt Dischargeability Under Bankruptcy Code § 523(a)(2)(a)’s Actual Fraud Provision
    2016-05-26

    On May 16, 2016, the United States Supreme Court decided the term “actual fraud” in Bankruptcy Code § 523(a)(2)(A) encompasses forms of fraud, like fraudulent conveyance schemes, that can be effected without a false representation by a debtor. Importantly, the Husky International Electronics, Inc. v. Ritz, No. 15-145, 2016 WL 2842452 (U.S. May 16, 2016) opinion clears up a split among the lower courts on the question of whether the phrase “actual fraud” requires a false representation to be made to a creditor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Berger Singerman LLP, Debtor, Fraud, Debt, Bankruptcy discharge, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Lewis M. Killian,Jr. , Ashley Dillman Bruce
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Supreme Court Broadly Interprets “Actual Fraud” Exception to Bankruptcy Discharge
    2016-05-23

    On Monday, May 16, 2016, the Supreme Court issued its decision in the case of Husky Int’l Elecs., Inc. v. Ritz, — S. Ct. —, 2016 WL 2842452 (2016) resolving a split between the Fifth and Seventh Circuit Courts of Appeal regarding the scope of the “actual fraud” exception to an individual debtor’s bankruptcy discharge. In relevant part, Section 523(a)(2)(A) of the Bankruptcy Code prohibits debtors from discharging “any debt . . . for money, property, [or] services . . . to the extent obtained, by . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Fraud, Debt, Common law, Bankruptcy discharge, Supreme Court of the United States
    Authors:
    Mark Tsukerman
    Location:
    USA
    Firm:
    Cole Schotz PC
    Supreme Court Expands Fraud Exception to Favor Creditors
    2016-05-19

    On May 16, 2016 the United States Supreme Court issued an opinion regarding the meaning of “actual fraud” under the Bankruptcy Code. Husky Int’l Electronics, Inc. v. Ritz represents a win for creditors by making it easier to show that a debtor committed fraud. A showing of a more general fraud, as opposed to a specific false representation by the debtor, will suffice to prevent certain debts from being discharged in bankruptcy.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Foley & Lardner LLP, Fraud, Supreme Court of the United States
    Authors:
    Jill L. Nicholson , Charles Tabb , Matthew J. Stockl
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    U.S. Supreme Court Holds that "Actual Fraud" Discharge Bar Encompasses Fraudulent Transfers
    2016-05-19

    On May 16, 2016, the U.S. Supreme Court decided Husky International Electronics, Inc. v. Ritz, No. 15-145, holding that the "actual fraud" bar to discharge under section 523(a)(2)(A) of the Bankruptcy Code encompasses an individual debtor's knowing receipt of fraudulently transferred property.

    Statutory Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Debtor, Fraud, Debt, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Shay Dvoretzky , Emily J. Kennedy
    Location:
    USA
    Firm:
    Jones Day
    Discharge Exception for Fraud by Corporate Insider Is More Broad Than Circuit Court of Appeals Had Thought
    2016-05-16

    On May 16, 2016, the Supreme Court of the United States handed down its opinion in Husky International Electronics, Inc. v. Ritz, Case No. 15-145.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Duane Morris LLP, Debtor, Fraud, Misrepresentation, Supreme Court of the United States, Fifth Circuit
    Authors:
    William C. Heuer , Rosanne Ciambrone , Rudolph J. Di Massa, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP
    Fraudulent Transfer Judgments May Survive a Debtor’s Bankruptcy Filing: Supreme Court Clarifies Meaning of “Actual Fraud”
    2016-05-17

    A Supreme Court ruling this week should give creditors a powerful tool to collect their debts from debtors who try to transfer assets before seeking bankruptcy protection. The primary reason an individual may turn to personal bankruptcy is to protect assets from creditor collection while obtaining a “discharge” from debts. Such protection is increasingly necessary where an individual is being pursued by one or more creditors, particularly where those creditors may have obtained (or are about to obtain) judgments against the individual.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Dykema Gossett PLLC, Bankruptcy, Debtor, Fraud, Debt, Supreme Court of the United States
    Authors:
    Aaron M. Kaufman
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    SCOTUS Gives Creditors Greater Capacity to Allege Fraud in Bankruptcy Proceedings
    2016-05-17

    In a favorable ruling to creditors and bankruptcy trustees, SCOTUS issued its ruling yesterday in Husky Int'l Elecs., Inc. v. Ritz (In re Ritz) addressing a circuit split on whether “actual fraud” requires a debtor in bankruptcy to have made a false representation. The 7-1 majority found that “actual fraud” under §523(a)(2)(A) of the Bankruptcy Code to encompass fraudulent conveyance schemes, even when those schemes do not involve a false representation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons Bingham Greenebaum LLP, Bankruptcy, Debtor, Fraud, Supreme Court of the United States
    Authors:
    April A. Wimberg
    Location:
    USA
    Firm:
    Dentons Bingham Greenebaum LLP

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