Circuit split · bankruptcy law
Whether the discharge exception in 11 U.S.C. § 523(a)(2)(A) for debts obtained by fraud extends beyond the actual value the debtor obtained to encompass all liability arising from the fraud, including treble/punitive damages and attorney's fees
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Cohen v. De La Cruz106 F3D 52
Third Circuit Court of Appeals · February 6, 1997
“§ 523 (a)(2)(A) is the subject of a split in the circuits, we will address that issue in full.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
11 U.S.C. § 523 — Exceptions to discharge
“(a) A discharge under section 727, 1141, 1192 1 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt— (1) for a tax or a customs duty— (A) of the kind and for the periods specified in section 507(a)(3) or 507(a)(8) of this title, whether or not a claim for such tax was filed or allowed; (B) with respect to which a return, or equivalent report or notice, if required— (i) was not filed or given; or (ii) was filed or given after the date on which such return, report, or notice was last due, under …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · Bankr. S.D. Ind.In re Maxwell51 B.R. 244
- Discussed · Bankr. E.D. Tenn.In re Carpenter17 B.R. 563
- Discussed · 11th Cir.Birmingham Trust Nat. Bank v. Case755 F.2d 1474
What the split turns on
- Statutes:
- 11 U.S.C. § 523(a)(2)(A)
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.