Displaying with Topic Discharge/Dischargeability | ABI

April 04, 2017

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

6th Circuit, Michigan, Michigan Western District

March 08, 2017

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

March 03, 2017

Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

Financial professional was held to a higher standard in valuing estate assets.

February 28, 2017

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

February 17, 2017

Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws

Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).

February 16, 2017

Falsely Misrepresenting One Asset Isn’t Grounds for Nondischargeability, Circuit Holds

Eleventh Circuit takes sides with the majority in circuit split over Section 523(a)(2).

February 09, 2017

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

4th Circuit, North Carolina, North Carolina Eastern District

January 03, 2017

Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.

5th Circuit, Texas, Texas Southern District

December 16, 2016

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.

November 23, 2016

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.