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ABI Journal

August 18, 2025

11th Circuit Upholds Its Rule that There’s No Equitable Tolling for Dischargeability Complaints

The opinion reads like an invitation for the Eleventh Circuit to sit en banc and reconsider circuit authority holding that a claims-processing deadline is not subject to equitable tolling.

11th Circuit

August 05, 2025

No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order

The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.

8th Circuit

July 31, 2025

A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

Kansas

July 07, 2025

Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says

To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.

9th Circuit

July 02, 2025

A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation

The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.

9th Circuit

June 18, 2025

State Bar Disciplinary Proceedings Aren’t Barred by the Automatic Stay or Discharge

A BAP decision raises the question of whether Ninth Circuit authority has been implicitly overruled by Supreme Court decisions.

9th Circuit

May 08, 2025

Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint

The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

May 07, 2025

Ninth Circuit BAP Limits Bartenwerfer on Vicarious Liability for Nondischargeability

The Ninth Circuit BAP explains why Bartenwerfer didn’t open the door to vicarious liability for all forms of nondischargeability in Section 523(a).

9th Circuit

April 30, 2025

Fraudulent ‘Omission’ Isn’t a ‘Statement’ for Nondischargeability Purposes, BAP Says

If a fraudulent omission were a ‘statement,’ the BAP explains why nondischargeability would be almost impossible to prove.

9th Circuit

April 08, 2025

Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor

Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.

10th Circuit, Colorado