Posted on 02/23/2023 10:45:16 AM PST by Red Badger
KEY POINTS
The Supreme Court unanimously ruled that a woman could not use protection under the U.S. bankruptcy code to avoid paying a debt that resulted from fraud by her partner.
The court said that the California woman, Kate Bartenwerfer, owed the debt even if she did not know or could not have known about her partner’s fraud.
The 9-0 ruling, written by Justice Amy Coney Barrett, underscored a Supreme Court decision in 1885 which found that two partners in a New York wool company were liable for the debt due to the fraudulent claims of a third partner even though they were not themselves “guilty of wrong.”
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The Supreme Court in a unanimous decision Wednesday ruled that a California woman could not use U.S. bankruptcy code protection to avoid paying a $200,000 debt that resulted from fraud by her partner.
The court said that the woman, Kate Bartenwerfer, owed the debt even if she did not know about her husband David’s misrepresentations regarding the condition of a house when they sold it to San Francisco real estate developer Kieran Buckley for more than $2 million.
Buckley had sued the couple and won a judgment for those misrepresentations.
The 9-0 decision written by Justice Amy Coney Barrett resolves a difference of opinion between several federal circuit appeals courts on the question of whether an innocent party can shield themselves from debt for another person’s fraud after filing for bankruptcy.
The ruling cited and reinforces a Supreme Court decision in 1885, which found that two partners in a New York wool company were liable for the debt due to the fraudulent claims of a third partner even though they were not themselves “guilty of wrong.”
Barrett dismissed Bartenwerfer’s grammar-focused argument, which claimed that the relevant section of the bankruptcy code, written in the passive voice as “money obtained by fraud,” refers to “money obtained by the individual debtor’s fraud.”
“Innocent people are sometimes held liable for fraud they did not personally commit, and, if they declare bankruptcy, [the bankruptcy code] bars discharge of that debt,” Barrett wrote. “So it is for Bartenwerfer, and we are sensitive to the hardship she faces.”
The debt to Buckley, which was originally a court judgment of $200,000 imposed in 2012, since has grown to more than $1.1 million as a result of interest, according to Janet Brayer, the San Francisco attorney who represented Buckley in a lawsuit over the house sale.
Brayer said that debt is growing at a current rate of 10% annually and that it excludes attorney fees to which she is entitled to under California law.
“We have been working on this since 2008, and now finally have been vindicated and justice served for all victims of fraud, Brayer said. “Hence, I am a happy girl today.”
Iain MacDonald, a lawyer for Bartenwerfer, did not have an immediate comment on the ruling, saying he planned to discuss the decision with her.
Justice Sonia Sotomayor, in a concurring opinion joined by Justice Ketanji Brown Jackson, noted that the ruling involves people who acted together in a partnership, not “a situation involving fraud by a person bearing no agency or partnership relationship to the debtor.”
“With that understanding, I join the Court’s opinion,” Sotomayor wrote.
The ruling on Bartenwerfer’s case came 18 years after the events that triggered the dispute.
Bartenwerfer, and her then-boyfriend David Bartenwerfer, jointly bought a house in San Francisco in 2005 and planned to remodel it and sell it for a profit, the ruling noted.
While David hired an architect, engineer, and general contractor, monitored their progress and paid for the work, “Kate, on the other hand, was largely uninvolved,” Barrett wrote.
The house was eventually bought by Buckley after the Bartenwerfers “attested that they had disclosed all material facts relating to the property,” Barrett noted.
But Buckley learned that the house had “a leaky roof, defective windows, a missing fire escape, and permit problems.”
He then sued the couple, claiming he had overpaid for the home based on their misrepresentations of the property.
A jury ruled in his favor, awarding him $200,000 from the Bartenwerfers.
The couple was unable to pay the award or other creditors and filed for protection under Chapter 7 of the bankruptcy code, which normally allows people to void all of their debts.
But “not all debts are dischargeable,” Barrett wrote in her ruling.
“The Code makes several exceptions to the general rule, including the one at issue in this case: Section 523(a)(2)(A) bars the discharge of ‘any debt ... for money ... to the extent obtained by ... false pretenses, a false representation, or actual fraud,’” Barrett wrote.
Buckley challenged the couple’s move to void their debt to him on that ground.
A U.S. Bankruptcy Court judge ruled in his favor, saying “that neither David nor Kate Bartenwerfer could discharge their debt to Buckley,” the opinion by Barrett noted.
“Based on testimony from the parties, real-estate agents, and contractors, the court found that David had knowingly concealed the house’s defects from Buckley,” Barrett wrote.
“And the court imputed David’s fraudulent intent to Kate because the two had formed a legal partnership to execute the renovation and resale project,” she added.
The couple appealed the ruling.
The U.S. Bankruptcy Appellate Panel for the 9th Circuit Court of Appeals found that David still owed the debt to Buckley given his fraudulent intent.
But the same panel disagreed that Kate owed the debt.
“As the panel saw it [a section of the bankruptcy code] barred her from discharging the debt only if she knew or had reason to know of David’s fraud,” Barrett wrote.
Bartenwerfer later asked the Supreme Court to hear her appeal of that ruling.
In her opinion, Barrett noted that the text of the bankruptcy code explicitly bars Chapter 7 from being used by a debtor to discharge a debt if that obligation was the result of “false pretenses, a false representation, or actual fraud.”
Barrett wrote, “By its terms, this text precludes Kate Bartenwerfer from discharging her liability for the state-court judgment.”
The justice noted that Kate Bartenwerfer disputed that, even as she admitted, “that, as a grammatical matter, the passive-voice statute does not specify a fraudulent actor.”
“But in her view, the statute is most naturally read to bar the discharge of debts for money obtained by the debtor’s fraud,” Barrett wrote.
“We disagree: Passive voice pulls the actor off the stage,” Barrett wrote.
The justice wrote that Congress, in writing the relevant section of the bankruptcy code, “framed it to ‘focu[s] on an event that occurs without respect to a specific actor, and therefore without respect to any actor’s intent or culpability.’ ”
Spouses had better be careful about the tax returns that you sign
Yea, once you are married, you are treated as one.
Unless you try to call about your credit card or checking accounts, they won’t talk to you if you aren’t the primary. This is a serious frustration for my husband and I.
This apparently had nothing to do with martial status or tax code. If they had been in business together as partners, the same rules apply, and it is not a tax issue. If you benefit from a partner’s fraud, you are equally liable if the fraud is discovered. It is about equitable settlement. The interesting thing is that debt that results from restitution for fraud is not dischargeable in bankruptcy. Good. Bankruptcy is intended to protect people from bad luck, like loss of a job, or death of a spouse, not intentional acts.
The ruling applies to any partnership, not just married couples. The question left unanswered is what is the extent of the imputed 523 liability. Does it apply to non-formal partrnership, joint ventures, or other informal business or non-business associations?
This is the appropriate ruling since the entity was owned by the three people. Two of them are trying to say the entity shouldn’t pay the judgement because they didn’t know of the fraud. They can sue the third person for their personal losses, but the entity still owes the victim.
There are so many financial messes that are not treated as equals or “one”.
I cannot get a credit card using household income or apply for a loan using household income since it is not mine. I can demonstrate 3 different accounts with a six figure balance and can’t get a credit card or small loan without my spouse’s W-2 and co-signing.
The amount of fraud that goes on when doing things legit is so hard baffles me.
Makes sense, fraud can’t be discharged. Now, about all those mandates for vaccines that don’t work and are harmful...
“Supreme Court rules 9-0 that bankruptcy filers can’t avoid debt incurred by another’s fraud”
Then I guess I’m stuck paying off the $31 trillion debt that Congress ran up on me.
Will they take a check?
A 200K judgement becomes 1.1 million because the stupid courts took 18 YEARS to make this decision!
A 9-0 ruling for something as simple as fraud with sale of a home in California. Fine, good ruling.
However when you try to have the Supreme Court discuss the massive national fraud with the 2020 US elections. They deny taking the case.
Disgusting, our country is gone.
If the defendant has no money, how are they going to collect that $1.1 million?
Did the rest of her bankruptcy get approved back then, minus the $200K?
I understand the ruling, but where’s the money going to come from now?
Debt.
It can be the greatest tool for building wealth and/or the tool that will bankrupt you.
It’s all up to you, how you use it, when and for what.
Hint: Car loans are terrible. They break this important rule: Don’t borrow on depreciating assets. Put a HELOC on your house (if you own one), buy the vehicle and pay it down at your own speed but as fast as possible plus get the tax write-off for mortgage interest paid. You have a bad month, pay the minimum. You have a windfall, pay the loan off but keep it open for other opportunities. I built an income property using a HELOC loan and some cash, made out like a bandit. I used the cash flow to pay that sucker down and off as quickly as possible.
It’s way overused by businesspeople.
Debt to employees or contractors or pension funds should *NEVER* be discharged.
Debt. Is. Bad.
I have none, will never again have any, and have less than zero sympathy for anyone who gets in trouble with it. Maybe a house, yes, but other than that, we don’t DO debt in my house.
At least Harry Truman personally paid off every person he owed when he had to go bankrupt (which should be the ONLY way bankruptcy should be allowed).
If I owe you, I pay you. Period, end of subject, those who disagree are lower than communists.
Headline just another clever take to illicit an OMG...the USSC is soooo on the take.
It is my understanding that wages are a “first lien” and get paid off before any other creditors. Pension funds are insured like bank accounts, and legitimate pension funds have to pay insurance premiums. Of course someone could “hire” a strawman employee or contractor to avoid the consequences of bankruptcy.
Too bad the Court isn’t concerned about the unlimited voter fraud in this country, and how it has effected this country’s debt.
Good question whether other debts were discharged. I suspect this biggie was the lion’s share of their insolvency. They couldn’t swing it, but hoped to get one, the lady, off the hook, so that future assets could be held in her name and be off limits. Then, as often happens, the liens on the broke one’s assets would be futile, even after leaving this vale of tears. Even if there was no payment of the debt in a lifetime, the estate would have to pay it before any heirs got a dime. That is often when large liens are finally satisfied.
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