February 01, 2022
Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
6th Circuit, Tennessee, Tennessee Western DistrictJanuary 31, 2022
Dependence on Parental Financial Assistance Meant Student Loans Were Dischargeable
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.
3rd Circuit, DelawareDecember 27, 2021
PACA Debt Isn’t Nondischargeable, Chicago Judge Says, Siding with the Minority
Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.
7th Circuit, Illinois, Illinois Northern DistrictDecember 14, 2021
Ninth Circuit Takes a Hard Line on What’s an Equivalent Tax Return for Dischargeability
Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.
9th CircuitDecember 03, 2021
Ninth Circuit Affirms the BAP on the Outer Limits of the Discharge Injunction
Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.
9th CircuitNovember 16, 2021
Split Widens on Dischargeability for Third Party’s Violation of Securities Laws
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
8th Circuit, MinnesotaNovember 09, 2021
Judge Barnes Tells Gamblers What Records to Keep to Win a Discharge in Bankruptcy
The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.
7th Circuit, Illinois, Illinois Northern DistrictOctober 22, 2021
Fourth Circuit Would Discharge CERCLA Claims if Pollution Occurred Before Filing
Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.
4th CircuitOctober 20, 2021
Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
8th CircuitOctober 19, 2021
Bad Faith Permits Dismissal of a Chapter 13 Case with Conditions, Judge Waites Says
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
4th Circuit, South Carolina