October 25, 2019
Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
5th CircuitOctober 22, 2019
Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
5th CircuitOctober 09, 2019
Knowledge of Fraud Before Discharge Doesn’t Always Preclude Revocation
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.
11th CircuitOctober 03, 2019
Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
11th Circuit, Georgia, Georgia Southern DistrictOctober 02, 2019
Proceedings for Contempt Discharge Held Not Subject to Arbitration
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
11th Circuit, Florida, Florida Middle DistrictSeptember 17, 2019
Second Circuit Explains when Default Judgments Qualify for Issue Preclusion
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
2nd CircuitAugust 30, 2019
Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation
An action that could violate the FDCPA may not be a violation of the discharge injunction.
11th CircuitAugust 16, 2019
Seventh Circuit Opinion on Contempt Raises Questions under Taggart
On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?
7th CircuitAugust 14, 2019
Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
11th CircuitAugust 09, 2019
Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans
Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.
1st Circuit