523

Religious Contributions Not Considered in Dischargeability of Student Loans

First Amendment doesn’t compel deduction of religious contributions in finding an ‘undue hardship’ justifying the discharge of student loans.

Arbitrability of Student Loan Dischargeability

August 2019

Automatic Stay Violations and Sanctions Litigation

Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

Supreme Court Rejects Strict Liability for Discharge Violations

‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.

Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says

Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.

District Court Upholds Discharge of a Portion of Student Loan Debt

Finding ‘undue hardship’ held not to require discharging all student loan debt.

Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State

The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).

Dischargeability of Nonpriority Taxes for Late-Filed Tax Return

Sept 2019

Circuit Splits and Other Hot Topics in the Consumer Arena