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ABI Journal

October 20, 2023

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

October 06, 2023

Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.

October 04, 2023

Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.

August 23, 2023

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.

August 08, 2023

The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.

July 20, 2023

Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.

July 13, 2023

The Third Circuit lauded Bankruptcy Judge Craig Goldblatt for a ‘well-reasoned’ opinion correctly interpreting Supreme Court authority.

July 12, 2023

Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.

July 11, 2023

Disputing the Fourth Circuit line by line and raising the possibility of a circuit split, the BAP and six bankruptcy courts have held that there’s no such thing as nondischargeability for corporate Sub V debtors.

June 19, 2023

At least where nondebtor releases are prohibited, and if Delaware law controls, a suit against an alter ego doesn’t violate the discharge injunction, the Ninth Circuit BAP says.