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Discharge/Dischargeability

Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)

Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”

7th Circuit
Wisconsin
Wisconsin Western District

General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt

The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.

11th Circuit
Friday, March 26, 2021
Article Tags
Consumer Debt
Discharge/Dischargeability
Finance and Banking
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Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts

Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).

4th Circuit
Maryland

Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans

Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.

10th Circuit
Kansas
Thursday, March 18, 2021
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Mass Torts
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Unsurprisingly, Second Circuit Reaffirms the Strictures of Brunner

Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.

2nd Circuit

Bankruptcy Judge Helps a Debtor Who Couldn’t Defend a Dischargeability Suit

Bankruptcy judge had tricks up his sleeve to help a debtor who couldn’t afford a lawyer to defend a dischargeability suit.

7th Circuit
Illinois
Illinois Northern District

The Outer Limits of Discharge Explored by the Ninth Circuit BAP

Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.

9th Circuit

To amend the Truth in Lending Act to modify obligations relating to private education loans due to the disability of a cosigner or borrower of the loan, to amend title 11 of the United States Code to make student loans dischargeable, and for other purposes.

Wednesday, August 6, 2025
Article Tags
Legislation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Full bill text forthcoming.
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