Tag Archives: discharge

Bankruptcy CSI: Did The CEO Leave Evidence Of Wrongdoing?

When is there sufficient evidence to hold that a fiduciary’s debt to an ERISA benefit plan is non-dischargeable in bankruptcy?  The Bankruptcy Court for the Eastern District of New York recently held in In re Kern, Case No. 13-08096 (Dec. 10, 2015), that there was not sufficient evidence to support a non-dischargeability claim even though the … Continue Reading

Is Chapter 11 A Painless Solution For Guarantors?

Owners of small business entities are frequently required to guaranty the debts of such entities.  Those business entities might later file for Chapter 11, and may be able to achieve confirmation of a plan to restructure their indebtedness.   The question then presented is whether this confirmation event affects the separate guaranty obligations of the owners?  … Continue Reading