Discharge/Dischargeability

The Continuing Saga of Amber Heard and Johnny Depp: Can Heard Discharge the Judgment and Obtain a “Fresh Start”?

Sept 2022

First and Ninth Circuits Split on Discharge of Takings Clause Claims

Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.

Corporate Officer Has a Nondischargeable Debt from the Company’s Fraud

Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.

Nondischargeability Litigation

Post-Petition Issues in Consumer Cases: Life Goes On

Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.

A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says

Death is a reason for waiving the requirement for completing a financial management course.

Benchnotes August 2022

Aug 2022