Discharge/Dischargeability

Benchnotes January 2021

Jan 2021

The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court

The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

Student Loans, Reexamined

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