A. Elliott Archer, et Ux. v. Arlene L. Warner (538 U.S. 314)

U.S. Supreme Court · decided March 31, 2003 · Supreme Court Database (Spaeth)

Citation
538 U.S. 314 · 123 S. Ct. 1462
Decided
March 31, 2003
Term
October Term 2002
Vote
7–2
Majority author
Justice Breyer
Issue area
Economic Activity
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Breyer delivered the opinion of the Court. The Bankruptcy Code provides that a debt shall not be dischargeable in bankruptcy “to the extent” it is “for money ... obtained by ... false pretenses, a false representation, or actual fraud.” 11 U. S. C. § 523(a)(2)(A). Can this language cover a debt embodied in a settlement agreement that settled a creditor’s earlier claim “for money ... obtained by ... fraud”? In our view, the statute can cover such a debt, and we reverse a lower court judgment to the contrary. I This case arises out of circumstances that we outline as follows: (1) A sues B seeking money that (A says) B obtained *317 through fraud; (2) the parties settle the lawsuit and release related claims; (3) the settlement agreement does not resolve the issue of fraud, but provides that B will pay A a fixed sum; (4) B does not pay the fixed sum; (5) B enters bankruptcy; and (6) A claims that B’s obligation to pay the fixed settlement sum is nondischargeable because, like the original debt, it is for “money . . . obtained by . . . fraud.” This outline summarizes the following circumstances: In late 1991, Leonard and Arlene Warner bought the Warner Manufacturing Company for $250,000. About six months later they sold the company to Elliott and Carol Archer for $610,000. A few months after that the Archers sued the Warners in North Carolina state court for (among other…

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