April 14, 2016

Romance Can Lead to Marriage, but Not to a Nondischargeable Debt

Infatuation negates reliance in alleged fraud between lovers.

4th Circuit, Maryland

April 07, 2016

Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern

Posner chides bankruptcy judge for reluctance to enter money judgment.

7th Circuit

April 01, 2016

Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns

Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.

11th Circuit

March 22, 2016

Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness

Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.

7th Circuit

March 17, 2016

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

9th Circuit, Oregon

March 11, 2016

Fifth Circuit Finds an Exception to General Rule on Appellate Standing

Debtors facing discharge denial have standing to appeal claim allowances.

5th Circuit

March 04, 2016

Arbitration Agreement Cannot Include Waiver of Dischargeability

On dischargeability, post-filing waivers work, but pre-filing ones don’t.

7th Circuit, Wisconsin, Wisconsin Western District

February 22, 2016

Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

6th Circuit, Michigan, Michigan Eastern District

February 17, 2016

Failed Lawyer Discharges $264,000 in Student Loan Debt

Advanced degrees for once were no bar to discharging student loans.

9th Circuit, California, California Northern District

February 12, 2016

Debtors Throw Away $36,500 and Their Discharges at the Same Time

Judge can’t save debtors from the consequences of their self-inflicted wounds.

11th Circuit, Florida, Florida Middle District