Discharge/Dischargeability

Convicted Criminals or Criminal Tortfeasors May Lose Discharge and Exemptions in Bankruptcy

Aug 2022

Is a Forbearance an “Extension of Credit” Triggering § 523(a)(2)?

June 2022

Discharges in Subchapter V: What Has Changed? What Remains the Same? Are Elephants Hiding in Mouseholes?

June 2022

Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure

Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.

A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011

Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.

Judicial Merry-Go-Round

Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions

Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.

Restoring the Fresh Start: Four Areas of Consumer Bankruptcy Law that Need to Be Fixed NOW