On February 22, the Supreme Court issued its opinion in Bartenwerfer v. Buckley, 598 U.S. _____, 2023 WL 2023 WL 2144417 (Feb. 22, 2023), affirming the Ninth Circuit’s decision and resolving “confusion in the lower courts on the meaning of § 523(a)(2)(A).”1 Two Justices joined the opinion with the understanding that the Court was only addressing fraud in the context...
Critical Case Comment – In re Picht, 396 B.R. 76 (Bankr. D. Kan. 2008) (Berger)
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In re Picht, 396 B.R. 76 (Bankr. D. Kan. 2008) (Berger)
Completion of a Chapter 13 plan can result in the “strip off” of an undersecured, modifiable lien on the debtors’ home even where the debtors will not receive a discharge.
Summary of the Case
The debtors obtained a SBA loan to finance a small business and pledged all of the business equipment, fixtures, inventories, and other assets. In addition, they personally guaranteed the debt and . . .
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