Insights

Protecting the Bank from Fraud Supreme Court Weighs in on Two Fraud Exceptions to the Bankruptcy Discharge
Posted by: Peter B. Stein
When an individual files for bankruptcy, the typical result is that the individual’s debts to all of its creditors—including its bank creditors—are discharged. As a practical matter, this means that those obligations are essentially uncollectable as personal obligations of the bankrupt debtor. (The creditors ...Read More

Guide to the Discharge in Bankruptcy
Posted by: Peter B. Stein
I. THE DISCHARGE
A. The notion of a “fresh start” is one of the three fundamental philosophical tenets
of the Bankruptcy Code. 1
B. The concept of the “fresh start” is premised on the notion that in most instances a
debtor ought to have a second chance with ...Read More