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Chapter 11 Updates and Core Issues

Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.

2023 Legislative Roundup

April 2024

Agreements in Settlement of Nondischargeable Debts Are Themselves Nondischargeable

Fourth Circuit holds that attorneys’ fees and interest in pursuit of nondischargeable debts are themselves nondischargeable.

Third-Party Releases in Bankruptcy

International Litigation

Chapter 13 Under Attack

Debt Purchaser Socked $65,000 for a Discharge Violation

Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.

Judge Harner Gives Contours to the Amorphous Notion of ‘New Value’

The ‘new value’ offered by old equity in a chapter 11 plan was insufficient because it was only a small fraction of claims and because the dividend to creditors was also small.

Willful Breach of Contract Doesn’t Result in Section 523(a)(6) Nondischargeability

Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.