Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...
From the Editor – Discharge
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By The Honorable William Houston Brown (Retired)
False pretense in settlement justified § 523(a)(2) exception. Prebankruptcy litigation resulted in a settlement agreement between the debtor and the father of her deceased husband, involving an extensive model train collection, but the debtor failed to comply with the agreement or state court orders to turn over parts of the train collection. As a result, a monetary judgment was entered against the debtor, as well as monetary sanction for willful contempt of the state court orders. The BAP affirmed a finding that the debtor entered into the settlement . . .
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