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ABI Journal

523

No Circuit Split: Sub V Corporate Debtors Can Have Nondischargeable Debts

Over a dissent, the Eleventh Circuit aligned with the Fourth and Fifth Circuits by holding that corporate Subchapter V debtors can have nondischargeable debts, unlike corporations in ‘regular’ chapter 11.

Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says

To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.