July 19, 2022
Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.
June 29, 2022
Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.
June 27, 2022
Death is a reason for waiving the requirement for completing a financial management course.
June 14, 2022
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
June 10, 2022
Both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).
May 25, 2022
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
May 20, 2022
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
May 17, 2022
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
May 11, 2022
Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.
May 04, 2022
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.