The Supreme Court focused on business partners, not married couples, in ruling that a bankrupt California woman can’t discharge debts incurred through her husband’s fraud. The US Supreme Court opinion that a bankrupt California woman can’t wipe out debts incurred through her husband’s fraudulent conduct in a home sale is a big win for fraud victims, but the justices were careful not to extend the ruling to all married couples. The 9-0 opinion issued Wednesday rejected Kate Bartenwerfer’s attempt to use bankruptcy to discharge the debt, even though she didn’t personally perpetrate the fraud. And though the couple is married, the substance of the ruling is largely aimed at their business partnership. By focusing on the pair as business partners, the high court skirted the issue of whether married couples who are not in business with one another would be held to the same standard. Had Bartenwerfer not been her husband’s business partner, the court may have allowed her to skirt the debt, said Lawrence D. Hirsch, a bankruptcy attorney with Parker Schwartz PLLC. “I think it is an interesting decision but I think it will be cast as a case involving a husband and wife, when in fact […]
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