Recent U.S. Supreme Court Decisions On Bankruptcy

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A debt for money promised in a settlement agreement accompanied by the release of underlying tort claims can amount to a debt for money obtained by fraud, within the terms of 11 U. S. C. 523(a)(2)(A), the Bankruptcy Code’s nondischargeability provision.

Whether the working owner of a business (here, the sole shareholder of a corporate employer) is precluded from being a “participant” under Section 3(7) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1002(7), in an ERISA plan?

Should tax claims in bankruptcy be given the advantage of placing the burden of proof on an objecting trustee, in contrast to the rule applicable to the claims of other creditors?”

Section 525 of the Bankruptcy Code prohibits the Federal Communications Commission from revoking licenses held by a bankruptcy debtor upon the debtor’s failure to make timely payments to the FCC for purchase of the licenses.

The Bankruptcy Code’s lookback period, which provides that a discharge does not extinguish certain tax liabilities for which a return was due within three years before the filing of the individual debtor’s petition, 11 U. S. C. §507(a)(8)(A)(i), is tolled during the pendency of a prior bankruptcy petition.

Does a postpetition administrative creditor in a bankruptcy case have standing under 11 U.S.C. 506 to seek payment of its administrative claim from property of the bankruptcy estate that is encumbered by a secured creditor’s lien?”

Does 11 U.S.C. 330(a)(l) authorize a court to award fees to a debtor’s attorney?



Whether, in order to enforce the derivative liability of partners for the tax debts of their partnership, the United States must make a separate assessment of the taxes owed by the partnership against each of the partners directly?

Whether the Court of appeals erred in dismissing the complaint on the ground that an investment scheme is excluded from the term investment contract in the definitions of ”securities Exchange Act of 1934, 15 U.S.C. 78c(a)(10), if the promoter promises a fixed rather than variable return or if the investor is contractually entitled to a particular amount or rate of return.

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