Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Michael J. Custer, left, and Francis J. Lawall, right, of Pepper Hamilton.

Although broad, the Bankruptcy Code’s discharge provisions for individual debtors are not without limits. For example, as many practitioners know, Section 523 provides exceptions for debts or obligations incurred by false or fraudulent means. Arising from this Section 523 exception has been a dispute among the circuit courts involving individual debtors who make a false, but unwritten statement regarding one particular asset. In a recent decision, the U.S. Supreme Court tackled this difficult question by holding that such “a statement respecting the debtor’s financial condition,” is only excepted from discharge if, among other things, it is in writing. In so doing, the broad discharge the Bankruptcy Code provides individual debtors has been clarified and strengthened in Lamar, Archer & Cofrin v. Appling, 2018 U.S. LEXIS 3384 (U.S. June 4).

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.