General Default Judgment Didn’t Satisfy Requirements of Issue Preclusion, Circuit Says
If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.
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Bankruptcy Code
Bankruptcy Code
All Private Student Loans Are Not Excepted from Discharge, Second Circuit Holds
No circuit split: The Second Circuit agrees with the Fifth and Tenth Circuits that only a subset of private student loans is automatically nondischargeable.
Maryland Decision Shows the Hardship Imposed on Debtors by Student Loans
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
Bankruptcy Code
Judgment for Sexual Discrimination Automatically Made the Debt Nondischargeable
Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.
Treble Damages for ‘Willfulness’ Won’t Automatically Result in Nondischargeability
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.