March 24, 2021
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
March 22, 2021
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
March 17, 2021
Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.
March 10, 2021
Bankruptcy judge had tricks up his sleeve to help a debtor who couldn’t afford a lawyer to defend a dischargeability suit.
February 26, 2021
Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
February 10, 2021
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
February 02, 2021
Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?
January 25, 2021
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
January 18, 2021
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
January 14, 2021
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.