Discharge/Dischargeability

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

Student Loans

Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims

Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.

Corporate Debtors in Subchapter V Can’t Discharge Nondischargeable Debts, Circuit Says

Both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).