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ABI Journal

523

Subchapter V Issues

Bankruptcy Code

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Judges’ Roundtable

Bankruptcy Code

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Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.

Recoupment of Social Security Benefit Overpayments Is Barred as a Setoff

Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.

Collecting a Student Loan Can (Sometimes) Violate the Discharge Injunction, BAP Says

The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’