May 13, 2021
PACA Violation Doesn’t Result in Nondischargeability for Defalcation, Tampa Judge Says
On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.
11th Circuit, Florida, Florida Middle DistrictMay 05, 2021
Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
1st CircuitApril 20, 2021
Discharge May Be Enforced in Another District, Brooklyn Judge Says
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
2nd Circuit, New York, New York Eastern DistrictApril 05, 2021
Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
5th Circuit, Texas, Texas Western DistrictApril 01, 2021
Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
7th Circuit, Wisconsin, Wisconsin Western DistrictMarch 30, 2021
General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
11th CircuitMarch 24, 2021
Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
4th Circuit, MarylandMarch 22, 2021
Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
10th Circuit, KansasMarch 17, 2021
Unsurprisingly, Second Circuit Reaffirms the Strictures of Brunner
Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.
2nd CircuitMarch 10, 2021
Bankruptcy Judge Helps a Debtor Who Couldn’t Defend a Dischargeability Suit
Bankruptcy judge had tricks up his sleeve to help a debtor who couldn’t afford a lawyer to defend a dischargeability suit.
7th Circuit, Illinois, Illinois Northern District