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Discharge/Dischargeability

Tuesday, August 8, 2023
Article Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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Second Circuit Nixes Nationwide Class Actions for Discharge Violations

The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.

2nd Circuit

Benchnotes September 2023

Sept 2023

Bankruptcy Code
Section 106(a)
11 U.S.C. § 544
523
541
Topic Tags
Alternative Dispute Resolution
Fraud
Fraudulent Transfers
Preferences
Consumer Debt
Discharge/Dischargeability
Wednesday, July 26, 2023
Article Tags
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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Debt for Selling a Gun Used in a Mass Killing Was Dischargeable

Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.

5th Circuit
Texas
Texas Northern District
Monday, July 17, 2023
Article Tags
Consumer Debt
Discharge/Dischargeability
Predatory Lending
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Equitable Tolling Cannot Extend the Deadline for a Dischargeability Objection

The Third Circuit lauded Bankruptcy Judge Craig Goldblatt for a ‘well-reasoned’ opinion correctly interpreting Supreme Court authority.

3rd Circuit

Bartenwerfer Doesn’t Apply if the Debtor Isn’t a Partner or Agent, Bankruptcy Judge Says

Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.

4th Circuit
Virginia
Virginia Eastern District
Tuesday, July 11, 2023
Article Tags
Court Administration
Discharge/Dischargeability
Business Reorganization
Govt. Claims/Sovereign Immunity
Small Business
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Ninth Circuit BAP Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable

Disputing the Fourth Circuit line by line and raising the possibility of a circuit split, the BAP and six bankruptcy courts have held that there’s no such thing as nondischargeability for corporate Sub V debtors.

9th Circuit
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