A Demand for Diligence and a Call for Clarity: A Preview of the Supreme Court's Imminent Argument over the Meaning of “Financial Condition” in § 523(A)(2)(A) and (B)
Associate Amir Shachmurove is published in Norton Bankruptcy Law Adviser for his article, “A Demand for Diligence and a Call for Clarity: A Preview of the Supreme Court's Imminent Argument over the Meaning of ‘Financial Condition’ in § 523(A)(2)(A) and (B).” Amir writes, “At first blush, the phrase ‘a statement respecting the debtor’s . . . financial condition,’ the linchpin of § 523(A)(2)(A) and (B) of the Bankruptcy Code (“Code”), seems an unlikely agent of judicial discord. Yet, with no denotation set in either § 523 or § 101, federal courts have spent more than thirty years squabbling over this phrase’s proper scope.” Shachmurove continues, writing, “With briefing imminent, its [the Supreme Court’s] decision holds forth the promise of a definite resolution to the debate limned within this piece, a dispute traceable to bankruptcy law’s oldest roots, as tended to by time and space.”