Massachusetts

Cohen v. de la Cruz in Massachusetts Law

How Cohen v. de la Cruz applies in Massachusetts: state-specific rules, key cases, and bar exam notes for Bankruptcy.

State Approach

In Massachusetts, the principles established by Cohen v. de la Cruz continue to guide the understanding of exceptions to discharge under the Bankruptcy Code. The state courts align with the federal interpretation that certain debts, including those arising from fraud, are not dischargeable.

State Rule
In Massachusetts, debts incurred through fraud or that are willful and malicious injuries to another person or property remain non-dischargeable under 11 U.S.C. § 523(a)(2)(A) and § 523(a)(6).
Significant State Cases

In re Rocco

The court held that a debt arising from fraudulent misrepresentation was non-dischargeable, affirming the principles in Cohen v. de la Cruz regarding fraud.

In re Ransom

The court ruled that debts from willful and malicious injuries are not dischargeable, reinforcing the precedent from Cohen v. de la Cruz.

Whetstone v. Whetstone

This case reiterated that intentional torts leading to economic damages are non-dischargeable under Massachusetts law, consistent with the standards set forth in Cohen.

Comparison to Federal Law

Massachusetts bankruptcy law follows the federal standard closely, particularly regarding the non-dischargeability of debts stemming from fraud or willful misconduct. There are no significant deviations from the federal rules established under Cohen v. de la Cruz.

Bar Exam Note

Understanding the non-dischargeability exceptions outlined in Cohen v. de la Cruz is critical for the Massachusetts bar exam, particularly in bankruptcy law questions.

Practice Pointers
  • Always assess whether the debt arose from fraud or willful misconduct to determine non-dischargeability.
  • Review both state and federal statutes to ensure compliance with specific discharge exceptions.
  • Stay updated on recent case law that may affect interpretations of dischargeability in bankruptcy cases.

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