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Discharge/Dischargeability

Benchnotes November 2023

Nov 2023

Bankruptcy Code
11 U.S.C. § 362
1334
365
523
727
Topic Tags
Administrative Expense Claims
Automatic Stay
Claims
Bankruptcy Litigation
Corporate Governance
Ethics
Executory Contracts/Leases
Fraud
Practice and Procedure
Professional Compensation/Fees
Venue/Jurisdiction
Consumer Bankruptcy
Discharge/Dischargeability

Balance 101: Recalibrating the Student Debt Relationship

Nov 2023

Bankruptcy Code
523(a)(8)
Topic Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships

Nov 2023

Bankruptcy Code
524
727
Topic Tags
Claims
Consumer Bankruptcy
Discharge/Dischargeability
Mortgage
Thursday, August 31, 2023
Article Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.

4th Circuit
Tuesday, August 22, 2023
Article Tags
Consumer Debt
Discharge/Dischargeability
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, August 9, 2023
Article Tags
Court Administration
Consumer Debt
Discharge/Dischargeability
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Tuesday, August 8, 2023
Article Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

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
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