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Discharge/Dischargeability

Friday, October 29, 2021
Article Tags
Court Administration
Consumer Debt
Discharge/Dischargeability
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Benchnotes December 2021

Dec 2021

Bankruptcy Code
Section 362(k)
523
547
702
1141
1307
Topic Tags
Automatic Stay
Fraudulent Transfers
Legislation
Consumer Bankruptcy
Discharge/Dischargeability

Does Fulton Provide Relief for Colleges that Withheld Transcripts?

Dec 2021

Bankruptcy Code
11 U.S.C. § 362
11 U.S.C. § 365
524
542
707
1307
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Finance and Banking

Fourth Circuit Would Discharge CERCLA Claims if Pollution Occurred Before Filing

Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.

4th Circuit

Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says

Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.

8th Circuit

Bad Faith Permits Dismissal of a Chapter 13 Case with Conditions, Judge Waites Says

Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.

4th Circuit
South Carolina

Student Loans Were Discharged Only with Assistance from Pro Bono Counsel

A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.

11th Circuit
Alabama
Alabama Middle District

Most Unscheduled Debts May Be Discharged

Jan 2022

Bankruptcy Code
523
Topic Tags
Discharge/Dischargeability

On Student Loan Discharge, District Judge Requires Responses to Unasserted Defenses

New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.

2nd Circuit
New York
New York Southern District
Wednesday, October 6, 2021
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
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