Fraud

Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says

To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.

Supreme Court Update

Second Circuit Updates with Bill Rochelle

Benchnotes July 2025

July 2025

Enforceability of Pre-Petition Agreements in Bankruptcy

July 2025

A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7

After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.

The Special Committee: A Separate Legal Entity for Purposes of Privilege and Discovery?

The unique purpose and role of a special committee in Delaware corporate law has been exhaustively examined by courts. But far less explored are the questions of whether a special committee of the board of directors of a corporation is a separate entity from the corporation itself for purposes of privilege or other matters, and whether the debtor may access privileged special committee materials during or following bankruptcy.

Fraudulent ‘Omission’ Isn’t a ‘Statement’ for Nondischargeability Purposes, BAP Says

If a fraudulent omission were a ‘statement,’ the BAP explains why nondischargeability would be almost impossible to prove.

Fraud, Forensics and Defenses

In Pari Delicto Defense Doesn’t Apply to a Trustee Exercising Avoidance Powers

Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.