Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good faith and the petition was not filed in good faith. (Frank) In re Ames, 2022 WL 2195469 (Bankr. E.D. Pa. June 17, 2022) Case Summary In April of 2018, after 10 years of marriage, Guy Ames initiated a divorce complaint...
Hatfield v. Thompson – Why Debtors (and Their Counsel) Should be Very Afraid of Husky
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By Academy Staff
On May 16, 2016, the United States Supreme Court issued its decision in Husky International Electronics, Inc. v. Ritz.1 The Supreme Court concluded that § 523(a)(2)(A)’s “actual fraud” standard did not require the debt Plaintiff sought to except from discharge itself resulted from or was based on fraud. Instead, it is sufficient for purposes of § 523(a)(2)(A) that the debtor seeking to discharge the debt perpetrated some fraud that perhaps reduced the creditor’s ability to collect on its judgment. In . . .
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