June 28, 2018

A Destitute Debtor Succeeds in Discharging Student Loans

Holding two advanced degrees didn’t bar the discharge of student loans.

8th Circuit, Iowa

June 15, 2018

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

10th Circuit

June 12, 2018

First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.

1st Circuit

June 07, 2018

Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake

Sympathy for a client won’t make up for counsel’s mistake.

11th Circuit, Georgia, Georgia Northern District

June 04, 2018

Islamic Law Informs the Court in Interpreting a Marital Contract

Courts split on the dischargeability of debts incurred in the course of divorce or separation.

2nd Circuit, New York

June 04, 2018

A False Statement About One Asset Isn’t Grounds for Nondischargeability, Supreme Court Rules

High court resolves a circuit split on Section 523(a)(2)(B) and the meaning of “financial condition.”

Supreme Court

May 31, 2018

Penalties for Fraud Are Nondischargeable Despite Chapter 13’s ‘Superdischarge’

Fraudsters get no sympathy from the Sixth Circuit on dischargeability.

6th Circuit

May 16, 2018

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

11th Circuit, Florida, Florida Southern District

May 14, 2018

Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

11th Circuit

May 03, 2018

Discharge Revoked for Failure to Obey an Order Pending Appeal

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.

9th Circuit, Idaho