April 25, 2018
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
9th CircuitApril 21, 2018
Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.
9th CircuitApril 19, 2018
Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable
The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.
9th CircuitApril 18, 2018
Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability
The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.
Supreme CourtMarch 14, 2018
Challenging Student Loans Permissible Six Years after Discharge
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
10th Circuit, New MexicoMarch 08, 2018
Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments
Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.
7th Circuit, Illinois, Illinois Central DistrictFebruary 22, 2018
Consumer Protection Claims by Governments Are Discharged in Chapter 11
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.
3rd Circuit, DelawareFebruary 08, 2018
Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal
Relation-back kicks in if an earlier motion contains the elements of a complaint.
11th CircuitFebruary 01, 2018
Another Example: Student Loans Are Virtually Impossible to Discharge
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictJanuary 31, 2018
Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
8th Circuit