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ABI Journal

Consumer Bankruptcy

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).