Circuit split · bankruptcy law
Whether a debt arising from a settlement agreement or consent judgment that resolves fraud allegations remains nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(2)(A) as a debt for money obtained by fraud
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Archer v. Warner283 F3D 230
Fourth Circuit Court of Appeals · March 8, 2002
“As noted by the district court, there is a split among the circuits concerning this issue.” — 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.
- Declined to follow · D.C. Cir.United States v. Spicer57 F.3d 1152
- Declined to follow · 11th Cir.Greenberg v. Schools711 F.2d 152
- Joined by · 9th Cir.In re Fischer116 F.3d 388
- Joined by · 7th Cir.In re West22 F.3d 775
- Joined by · 7th Cir.Maryland Casualty Co. v. Cushing171 F.2d 257
What the split turns on
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.