523 | ABI

Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, BAP Says

Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.

Court :

9th Circuit

Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations

A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.

Court :

2nd Circuit

New York

New York Eastern District

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

Court :

2nd Circuit

New York

New York Southern District

Benchnotes August 2020

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Asset Sales

Claims

Bankruptcy Litigation

Ethics

Fraud

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

Court :

9th Circuit

Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.

Court :

11th Circuit