Wasn't that what was determined in Bartenwerfer v Buckley?
by dulac89 (2024-03-18 16:36:39)

In reply to: If he files for bankruptcy, wouldn’t the automatic stay be  posted by Manor76

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That if the defendant is found guilty of fraud that their debt cannot be discharged in bankruptcy?



Not really
by ratinatux  (2024-03-18 18:56:30)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

Actually that case was about a debtor’s debt for money that was procured by fraud not of the debtor but of a non-debtor third party, but for which the third larty was liable. There seems at least an analytical difference between a debt procured by fraud and a debt for a penalty owed to the government for having committed the fraud. But in any event — that does not tackle the automatic stay issue at all, and whether there could be a collection despite a pending bankruptcy

Are you a lawyer? *
by ACross  (2024-03-18 17:48:06)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

Nope, that’s why I’m asking the question. I remember seeing
by dulac89  (2024-03-18 23:31:05)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

That decision discussed when the issue first came up of how Trump would cover the required bond to appeal. The opinion I read felt that the Supreme Court ruling would prevent Trump from avoiding posting bond by declaring bankruptcy. I’m legitimately asking the question.
Bankruptcy law is a different world
by ACross  (2024-03-19 00:05:53)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

I don’t know the answer