January 27, 2023
Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13
Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.
D.C. CircuitJanuary 17, 2023
Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans
The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.
2nd CircuitDecember 16, 2022
Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says
Some tasks are too complex for lawyers and should be performed by paralegals.
10th CircuitDecember 08, 2022
Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
Supreme CourtNovember 16, 2022
Judge Gargotta Splits with the Fourth Circuit on Nondischargeability in Subchapter V
The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).
5th Circuit, Texas, Texas Western DistrictNovember 03, 2022
Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee
Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictOctober 28, 2022
Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss
The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.
9th CircuitOctober 10, 2022
Buying a Claim Carries with It the Right to Assert Nondischargeability
Joining the majority of courts, Judge Grossman says that the debtor’s conduct, not the identity of the holder of the claim, determines nondischargeability.
2nd Circuit, New York, New York Eastern DistrictOctober 03, 2022
To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
5th Circuit, Texas, Texas Eastern DistrictSeptember 08, 2022
Eleventh Circuit Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, the Eleventh Circuit held in upholding Bankruptcy Judge Roberta Colton.
11th Circuit