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ABI Journal

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. Circuit

January 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 Circuit

December 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 Circuit

December 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 Court

November 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 District

November 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 District

October 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 Circuit

October 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 District

October 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 District

September 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