Discharge/Dischargeability

Duties and Obligations upon Conversion

Fifth Circuit Allowed an Extension of the Discharge Deadline After the Deadline Had Passed

The equitable power under Section 105(a) permits extending the discharge objection deadline when the court makes a mistake.

‘Disposable Income’ Must Be Carefully Defined to Preserve the Debtor’s Discharge

Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.

Key Bankruptcy Legislation Sent to the House Floor

Nov 2020

Eleventh Circuit Reads Husky Narrowly, Perhaps Too Narrowly

Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).

Repaying Salary After Arrest Isn’t Compensation for Loss and Isn’t Dischargeable

An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.

Surety Bonds Aren’t Executory Contracts and Can’t Be Assumed Even if They Are

Insurance companies must nail down the treatment of performance bonds before plan confirmation.

Benchnotes November 2020

Nov 2020