Discharge/Dischargeability

Benchnotes July 2022

July 2022

Granting a Discharge to the Dishonest and Fortunate Debtor? Fraud, Fairness and Finality in Chapter 13

July 2022

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.

Circuits Possibly Split on Bankruptcy as Discharging Coal Act Liability for Health Benefits

Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.

Cert Granted to Decide: Is a Principal’s Liability for an Agent’s Fraud Nondischargeable?

The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.

Student Debt/Student Loans