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Author Archives: Brett Border

Brett A. Border is the supervising attorney of Fabrizio & Brook’s bankruptcy department. Border has over 12 years’ experience in creditors’ rights and all aspects of Chapter 7, 11, and 13 bankruptcies. His prior experience includes working for the Office of the Chapter 13 Trustees in Detroit, Michigan. Border received his Juris Doctor from the Thomas M. Cooley Law School and earned his Bachelor of Science degree from Eastern Michigan University. He is an adjunct professor at Madonna University and teaches Introduction to Bankruptcy for the university¹s paralegal program.

Supreme Court Clarifies the Standard for Actual Fraud

On May 16, 2016, the United States Supreme Court decided Husky International Electronics Inc. v. Ritz , holding by a 7-1 vote that the “actual fraud” standard found at 11 U.S.C. Section 523(a)(2)(A) encompasses fraudulent transfer schemes, even when these schemes do not have a fraudulent representation or any misrepresentation made as part of the scheme.

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