November 30, 2023
Willful Breach of Contract Doesn’t Result in Section 523(a)(6) Nondischargeability
Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.
10th Circuit, Oklahoma, Oklahoma Western DistrictNovember 03, 2023
Judge Explains Why Tax Liens Are Subordinated to Domestic Support Obligations
Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.
2nd Circuit, New York, New York Eastern DistrictOctober 26, 2023
Issue Preclusion Saddles Alex Jones with $1.2 Billion in Nondischargeable Debt
Bankruptcy Judge Christopher Lopez of Houston will hold trials that could result in more nondischargeable debt for Alex Jones.
5th Circuit, Texas, Texas Southern DistrictOctober 20, 2023
Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts
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.
5th CircuitOctober 06, 2023
Debtors May Avoid Judicial Liens Under Section 522(f) Securing Nondischargeable Debts
Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.
6th Circuit, Ohio, Ohio Northern DistrictOctober 04, 2023
Student Loans Consolidated After Filing Can’t Be Discharged, Even for Undue Hardship
Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.
5th Circuit, Texas, Texas Western DistrictAugust 23, 2023
Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted
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.
4th CircuitAugust 08, 2023
Second Circuit Nixes Nationwide Class Actions for Discharge Violations
The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.
2nd CircuitJuly 20, 2023
Debt for Selling a Gun Used in a Mass Killing Was Dischargeable
Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.
5th Circuit, Texas, Texas Northern DistrictJuly 13, 2023
Equitable Tolling Cannot Extend the Deadline for a Dischargeability Objection
The Third Circuit lauded Bankruptcy Judge Craig Goldblatt for a ‘well-reasoned’ opinion correctly interpreting Supreme Court authority.
3rd Circuit