U.S. Supreme Court justices yesterday seemed skeptical of whether bankruptcy can be used to wipe out debts incurred through fraud even in cases in which an individual declaring bankruptcy was not the one who committed the fraud, Reuters reported. California resident Kate Bartenwerfer asked the high court to overturn a ruling from the Ninth
U.S. Circuit Court of Appeals that said she could not use bankruptcy to escape liability stemming from fraudulent omissions her husband made in selling a house regardless of whether she knew about it. Bartenwerfer's attorney Sarah Harris told the justices at oral arguments that the entire point of bankruptcy law is to give honest debtors like Bartenwerfer the ability to clear debts and have a "fresh start." If Bartenwerfer is unable to discharge liability for her husband's misstatements, then other innocent debtors could also face a lifetime of debt due to others' fraudulent conduct, Harris said. "That financial death sentence would fall mostly on unsophisticated spouses," Harris said. "Dishonest debtors cannot escape their creditors, but the court does not consign unwitting debtors to the same fate." The attorney for Kieran Buckley, who sued the Bartenwerfers for selling him a house while withholding information about major defects, said that his client should not be left without recourse due to Bartenwerfer's bankruptcy.
