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Federal New Releases

New Releases
from Federal Courts

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Bankruptcy -- Dischargeable debts -- False statement respecting debtor's financial condition -- A statement about a single asset can be a “statement respecting the debtor's . . . financial condition” under 11 U.S.C. § 523(a)(2)(B) -- Judgment debt owed to debtor's counsel for legal fees can be discharged under Section 523(a)(2)(B) because debtor's false oral statements to his lawyers that he expected a large tax refund that he would use to pay his debt to the firm were statements respecting his financial condition and were not in writing -- A debt incurred by an oral, fraudulent statement respecting the debtor's financial condition can be discharged in bankruptcy

Bankruptcy -- Dischargeable debts -- Violation of state securities laws -- Debtor cannot discharge debt arising from state court judgment against debtor for violations of state securities laws under 11 U.S.C. section 523(a)(19)(A) because the bankruptcy court made a finding of fact that debtor violated state securities laws -- Alternatively, Section 523(a)(19)(A) applies irrespective of whether debtor's conduct violated securities laws -- Even if bankruptcy court had not made a finding that debtor violated securities laws, court would reject debtor's argument that the bar from discharge for violations of state securities laws applies only when the debtor violates securities laws, not when debtor's liability arises from a third party's violation of securities laws -- Section 523(a)(19)(A) precludes discharge as long as the securities violation caused the debt -- Debtor is not entitled to leave to amend his complaint to assert claim that arbitration award was procured by fraud, because applicable state collateral estoppel law precludes debtor from relitigating claim of fraud where decision of state court as to claim of fraud was essential to judgment against debtor -- Debtor is not entitled to leave to amend complaint to allege a futile claim barred by an earlier judgment

Insurance -- Automobile liability -- Umbrella policy -- Coverage -- Car accident -- Permissive user -- Declaratory judgment -- Employer's automobile and umbrella insurer brought action against accident victim seeking declaration that employee who was driving a company vehicle at time of car accident was not permissive user because he broke internal company policies by driving while intoxicated -- Under Georgia law, intoxicated employee driving his employer's vehicle home from his father's lake house was insured as “permissive user” entitled to coverage under employer's automobile and umbrella policies for liability to accident victim, despite his intoxication in violation of internal company policies -- Because employer had permitted employee to drive vehicle for both work and personal purposes for years, and under general permission granted by employer, employee was permitted to drive the vehicle for the purposes it was used on day of accident, namely to drive home from his father's lake house, and employee was a covered insured for purposes of underlying action

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