Skip to main content
Help Center
ABI Journal

Discharge/Dischargeability

PACA Violation Doesn’t Result in Nondischargeability for Defalcation, Tampa Judge Says

On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.

11th Circuit
Florida
Florida Middle District
Tuesday, May 11, 2021
Article Tags
Court Administration
Consumer Debt
Discharge/Dischargeability
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

Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says

First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.

1st Circuit
Tuesday, April 20, 2021
Article Tags
Legislation
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

Discharge May Be Enforced in Another District, Brooklyn Judge Says

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

2nd Circuit
New York
New York Eastern District

Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order

Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.

5th Circuit
Texas
Texas Western District

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
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

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
Subscribe to %1