October 11, 2018

Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans

Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?

6th Circuit, Ohio, Ohio Northern District

October 04, 2018

Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans

Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.

10th Circuit, Kansas

October 02, 2018

Status Report on the Supreme Court

Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.

Supreme Court

September 19, 2018

Being Employed Isn’t Enough to Salvage an Individual’s Chapter 11 Discharge

Appeals court talks about discharging a debt when the issue is denial of discharge.

9th Circuit

September 11, 2018

Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition

BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.

9th Circuit

August 31, 2018

Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments

Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.

7th Circuit, Illinois, Illinois Southern District

August 13, 2018

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11

Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.

9th Circuit

August 08, 2018

Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says

Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).

11th Circuit, Florida, Florida Southern District

July 17, 2018

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

5th Circuit

July 13, 2018

Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability

A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.

9th Circuit