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.
June 07, 2023
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
May 09, 2023
An election for having a tax refund applied to the following year’s taxes can result in the loss of discharge.
April 20, 2023
Contrary to the Fourth Circuit, five bankruptcy courts have now held there’s no such thing as nondischargeability for corporate Sub V debtors. The question is now before the Fifth Circuit.