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‘Preponderance’ Replaced ‘Clear and Convincing’ on Adoption of the Bankruptcy Code

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.

Court :

7th Circuit

Benchnotes June 2023

Bankruptcy Code

Topic Tags

Executory Contracts/Leases

Fraudulent Transfers

Consumer Bankruptcy

Discharge/Dischargeability

Does § 523(a) Apply to a Corporate Debtor in Subchapter V?

June 2023

Bankruptcy Code

1192

523

Topic Tags

Discharge/Dischargeability

Business Reorganization

Small Business

Legislative Update

Bankruptcy Code

Topics

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Another Court Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable

Contrary to the Fourth Circuit, five bankruptcy courts have now held there’s no such thing as nondischargeability for corporate Sub V debtors. The question is now before the Fifth Circuit.

Court :

11th Circuit

Florida

Florida Middle District