By Michael O'Leary | Published April 19, 2023 | Posted in Bankruptcy | Tagged Tags: bankruptcy, Innocent Debtor, When is a Bankruptcy Debtor Liable for a Partner’s Fraud? |
Innocent Debtor Unable to Discharge Debt Due to Partner’s Fraudulent Conduct
SUPREME COURT RULES THAT INNOCENT DEBTOR CANNOT DISCHARGE A PARTICULAR DEBT DUE TO FRAUDULENT CONDUCT OF A PARTNER The “honest debtor” did not have a good day before the US Supreme Court in Bartenwerfer v. Buckley, 143 S. Ct. 665, 214 L. Ed. 434, decided on February 22, 2023. In said case the (now) married Read More
Read MoreNew York Changes Remedies Available for the Collection of Certain Medical Debt
The amendments to New York CPLR sections 5201(b) and 5231(b)(iv), which became effective November 23, 2022, have resulted in some wide-sweeping changes to the collection remedies available in the medical debt arena. Specifically, public healthcare facilities (i.e., hospitals, nursing homes, etc.) and healthcare providers (i.e., doctors, dentists, chiropractors, etc.) are now prohibited from: Imposing and Read More
Read MoreThe automatic stay always applies if debtor is named as a defendant
The Second Circuit recently announced a bright-line rule about the triggering of protections afforded by the bankruptcy Automatic Stay, holding that as long as the debtor is named as a party in a lawsuit, such as a foreclosure, the automatic stay applies to any attempted continuation of the lawsuit, and to the enforcement of any judgment Read More
Read MoreChapter 13 Debt Limits Increase | Bankruptcy Lawyer | Middletown NY
Effective June 21, 2022 the new total debt limit threshold for Chapter 13 eligibility is $2,750,000.00 in “non-contingent, liquidated debts” owed on the date of the bankruptcy filing. This new threshold limit does not distinguish between secured and unsecured debt, and the same limit applies to both the debt of a single individual filing a Read More
Read MoreDischarging Income Taxes and The Two-Year Rule for Late Filed Tax Returns
It is clear that a tax debt is not dischargeable in bankruptcy if a return for the year in question is not filed. See 11 USC § 523 (a)(1)(B)(i). However, The 2 Year Rule provides that taxes due based upon a late filed return (filed after its due date and any extensions) are dischargeable if Read More
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