• March 28, 2019Finance & Banking

    Protecting the Bank from Fraud Supreme Court Weighs in on Two Fraud Exceptions to the Bankruptcy Discharge

    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 may retain lien rights, but that is a subject for another...
  • June 27, 2018Finance & Banking

    Guide to the Discharge in Bankruptcy

    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 a clean slate free of personal liability...