Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability
Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’
Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling
By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.
Court:
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Eight Lower Courts Disagree with the Fourth Circuit on Sub V Nondischargeability
Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.
Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
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Agreements in Settlement of Nondischargeable Debts Are Themselves Nondischargeable
Fourth Circuit holds that attorneys’ fees and interest in pursuit of nondischargeable debts are themselves nondischargeable.
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