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Discharge/Dischargeability

Friday, August 26, 2022
Article Tags
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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Benchnotes October 2022

Oct 2022

Bankruptcy Code
11 U.S.C. § 365
524
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Plan Confirmation
Practice and Procedure
Professional Compensation/Fees
Discharge/Dischargeability
Puerto Rico
Thursday, August 25, 2022
Article Tags
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts

The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.

5th Circuit

Collateral Estoppel and Its Effect on Enforcing Judgments

Nov 2022

Bankruptcy Code
523(a)(4)
523(a)(6)
Topic Tags
Bankruptcy Litigation
Court Administration
Fraud
Practice and Procedure
Discharge/Dischargeability
Small Business

First Circuit BAP Limits the Student Loan ‘Borrower Defense’

The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.

1st Circuit

Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs

The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).

9th Circuit

Caymans Recognized as the ‘COMI’ for a Property Company Operating in China

A country that was ineligible to host a nonmain foreign proceeding was nonetheless held to have the foreign main proceeding.

2nd Circuit
New York
New York Southern District

A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

5th Circuit
Texas
Texas Southern District
Friday, July 29, 2022
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
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