Discharge/Dischargeability

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Debts for a Partner’s Fraud Are Still Nondischargeable, the Supreme Court Says

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Court :

Supreme Court

Sometimes, a Settlement with No Admission of Liability Can Be Nondischargeable

To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.

Court :

5th Circuit

Texas

Texas Eastern District

To prevent class-based loan forgiveness for Federal student loans under title IV of the Higher Education Act of 1965 without the explicit appropriation of funds by Congress for such purpose.

Wednesday, January 25, 2023

Article Tags

Legislation

Consumer Debt

Discharge/Dischargeability

Finance and Banking

Full bill text.

Stay Violator Held Liable for Debtor’s Attorneys’ Fees Incurred to Collect Damages

When a stay violator refused to reimburse debtor’s counsel for fees to stop the stay violation, Judge Rebecca Connelly awarded attorneys’ fees for time spent to collect attorneys’ fees.

Court :

4th Circuit

West Virginia

Wednesday, February 1, 2023

Article Tags

Consumer Debt

Discharge/Dischargeability

Finance and Banking

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Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13

Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.

Court :

D.C. Circuit