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Section 523(a)(6) of the Bankruptcy Code; 11 U.S.C. § 523(a)(6) Geiger , 523 U.S. 57 (1998), was a United States Supreme Court case in which the Court ruled that debt arising from a medical malpractice judgment, attributable to negligent or reckless conduct is dischargeable under the Bankruptcy Code.
United States Bankruptcy Code Buckley , 598 U.S. 69 (2023), is a United States Supreme Court case in which the court held that debts incurred by fraud cannot be discharged in bankruptcy , regardless of whether the debtor committed the fraud.
The United States Supreme Court addressed the issue in 2013, [2] holding that "defalcation" in the context of the U.S. Bankruptcy Code [3] requires proof of "a culpable state of mind… involving knowledge of, or gross recklessness in respect to, the improper nature of the relevant fiduciary behavior." [4]
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) (Pub. L. 109–8 (text), 119 Stat. 23, enacted April 20, 2005) is a legislative act that made several significant changes to the United States Bankruptcy Code.
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
Fidelity Financial Services, Inc. v. Fink, 522 U.S. 211 (1998), in which the Court considered Bankruptcy Act's rules about and precedent interpreting avoidable preferences to resolve a similar question under the Bankruptcy Code. [4] Cohen v. de la Cruz, 523 U.S. 213 (1998), in which the court relied on practice under the Bankruptcy Acts to ...