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ABI Journal

Discharge/Dischargeability

Friday, February 18, 2022
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Costs of a Disciplinary Proceeding Again Held Nondischargeable Under Section 523(a)(7)

Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’

Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud

Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.

Dependence on Parental Financial Assistance Meant Student Loans Were Dischargeable

The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.

Friday, January 21, 2022
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PACA Debt Isn’t Nondischargeable, Chicago Judge Says, Siding with the Minority

Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.