Discharge/Dischargeability

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.

Unsurprisingly, Second Circuit Reaffirms the Strictures of Brunner

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

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.

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.

Recent Consumer Case Law Developments with Bill Rochelle

Court Records Destroyed, a Finding of Proper Notice Presumes Notice by Publication

The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.

‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim

Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?

Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?