Remove Court Decisions Remove Malfeasance Remove Statute
article thumbnail

Justices narrow bankruptcy relief from debts incurred by fraud

SCOTUSBlog

The statute, though, contains several exceptions to the discharge, generally describing debts that Congress regarded as so important or reflecting such objectionable behavior that it is inappropriate for the debtor to discharge them. For Barrett, the case begins and ends with the language of the statute.

Statute 109
article thumbnail

A bungled house sale, a bankrupt couple, and a statutory puzzle involving debts incurred through fraud

SCOTUSBlog

Bartenwerfer points first to the court’s articulation of a clear-statement rule, under which the exceptions to discharge are narrowly limited to those that are “plainly expressed” in the statute. Turning from the literal text to the broader statutory context, Bartenwerfer emphasizes the next subparagraph of the statute.

Statute 82
article thumbnail

Another separation-of-powers case, press access to trials, and maritime insurance

SCOTUSBlog

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. It argues that the 3rd Circuit’s decision has thrown all of that into upheaval and must be reviewed. relisted after the Feb.