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Bartenwerfer: The Decision

Marc L Barreca, Laura S Taylor, Scott B Cohen, J Scott Bovitz, and Charles Michael Rubio

On February 22, 2023, the U.S. Supreme Court issued its unanimous opinion in the closely watched decision of Bartenwerfer v. Buckley, 598 U.S. ___, 2023 WL 2144417 (2022). A partner’s fraudulent conduct was imputed to an innocent debtor-partner (Kate Bartenwerfer) under state law. As a result, the creditor’s claim was held to be nondischargeable even though the innocent debtor did not know of the partner’s fraud. As raised in an amicus brief, what does this mean for innocent spouses? What about other non-partnership relationships? This decision and the resulting questions will be discussed by the panel.

Note: There are no written materials for this program. The content of this program does not meet requirements for continuing legal education (CLE) accreditation.