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).
4th Circuit
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.
9th Circuit
May 20, 2022
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
2nd Circuit
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.
11th Circuit, Florida, Florida Southern District
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.
11th Circuit
May 04, 2022
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
Supreme Court
April 19, 2022
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
10th Circuit, Colorado
March 16, 2022
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
10th Circuit, Kansas
February 10, 2022
Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’
7th Circuit
