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Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability

A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.

Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit

Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).

“Good Enough”: When Does Sloppiness Equal Liability?

Get a Big Retainer! Preparing Complex Consumer Cases

A Rose by Any Other Name: Eleventh Circuit Construes a Motion Objecting to the Dischargeability of a Debt as a “Complaint”

Aug 2018

A Destitute Debtor Succeeds in Discharging Student Loans

Holding two advanced degrees didn’t bar the discharge of student loans.

The Supreme Court Is Not Ready to Tell Us When a Trustee or Debtor-in-Possession Possesses Seventh Amendment Jury Trial Rights in Bankruptcy … Here Is What We Know in the Meantime

Adjudicating Securities Law Violations in the Age of Limited Bankruptcy Court Jurisdiction

First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.