Fifth Circuit rule

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2 mentions 1 recordings first heard Mar 2026 last heard 24 Mar ±0 this month

Fifth Circuit rule presuming intent when debtor fails to update form

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UnknownSupreme Court of the United States · Keathley v. Buddy Ayers Construction, Inc. (25-6) · 6:10 · 24 Mar
…that simply because a debtor has a potential financial motive to mislead, a debtor's failure to update the bankruptcy court as to the existence of a cause of action is an intentional representation.…
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UnknownSupreme Court of the United States · Keathley v. Buddy Ayers Construction, Inc. (25-6) · 0:58 · 24 Mar
…The Fifth Circuit applies what amounts to a conclusive presumption that a debtor's failure to disclose a cause of action through updating a form is intentional as long as the debtor knew of the facts underlying the claim and had a potential financial motive to shield the asset, something which exists almost by definition in the case of any bankruptcy claim.…
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