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This brief is concerned with the Petitioner’s misinterpretation of §523(a)(2) of the United States Bankruptcy Code, 11 U.S.C. §101, et seq., which wrongly maintains that a false oral statement describing a single asset gives rise to a non-dischargeable debt. This brief shows Congress understood that §523(a)(2) simply re-enacted statutory language already having a completely settled understanding that a statement about a single asset was a “statement respecting financial condition” which must be in writing in order to give rise to a nondischargeable debt. This brief also submits that even if, arguendo, Petitioner were correct that a statement respecting financial condition must refer to overall financial condition, Respondent gave statements about his overall financial condition because they amounted to a claim that he was solvent in the equity sense; i.e., able to pay his debts.


United States Supreme Court


Washington D.C.


Case 138 S.Ct. 1752


Docket Number 16-1215

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Brief of Amici Curiae Law Professors Richard Aaron, Laura Bartell, Jagdeep S. Bhandari, Susan Block-Lieb, Vincent Buccola, Jessica Gabel Cino, Linda Coco, Laura Napoli Coordes, Robert D’agostino, Irina Fox, Bruce Grohsgal, George Kuney, Lois Lupica, Nancy B. Rapoport, Keith Sharfman, Michael Sousa, Laura M. Spitz, and Adrian Walters

Counsel: Richard Lieb & John Collen



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