The decree of the bankruptcy court which terminates the bankruptcy proceedings is generally a discharge that releases the debtor from most debts. A bankruptcy court may refuse to grant a discharge under certain conditions.
Indiana Complaint Objecting to Discharge by Bankruptcy Court on the Grounds that Transaction was Induced by Fraud Regarding Debtor's Financial Condition
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In a decision handed down on February 22, 2023, Bartenwerfer v. Buckley, the United States Supreme Court ruled that the bankruptcy process cannot be used to discharge debts incurred through fraud, even when the debtor was not the individual that defrauded creditors.
Appx. 544 (2021). Invoking our decision in Strang v. Bradner, 114 U. S. 555 (1885), it held that a debtor who is liable for her partner's fraud cannot discharge that debt in bankruptcy, regardless of her own culpability.
The Supreme Court unanimously ruled that a woman could not use protection under the U.S. bankruptcy code to avoid paying a debt that resulted from fraud by her partner. The court said that the California woman, Kate Bartenwerfer, owed the debt even if she did not know or could not have known about her partner's fraud.
The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...
Proving fraud can be difficult. For almost all bankruptcy crimes, the government has to resolve two questions: Did the defendant misrepresent a material (important) fact? Did the defendant intend to deceive, hinder, or delay the court or the creditors?
If a debt arose from the debtor's intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.
If you have been the victim of a financial scam, you may be entitled to file for bankruptcy in a California court. The type of protection that you seek will largely depend on your income, if you own property or if you have the ability to repay your debts over a period of three or five years.
In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own culpability.