Discharge/Dischargeability

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.

Court :

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).

Court :

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.

Court :

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.

Court :

5th Circuit

Texas

Texas Southern District

Friday, July 29, 2022

Article Tags

Consumer Debt

Discharge/Dischargeability

Finance and Banking

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Wednesday, July 27, 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