Discharge/Dischargeability | ABI

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

Court :

Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation

Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).

Court :

Creditors, Beware: Does a Trustee Qualify as a “Party-in-Interest”?

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Discharge/Dischargeability

Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges

Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.

Court :

North Carolina Eastern District

Fines for Defrauding Consumers Are Dischargeable in a Corporate Chapter 11 Plan

Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.

Court :

New York Southern District

Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows

The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.

Court :

The Ninth Circuit and the BAP Draw Opposite Conclusions from the Same Testimony

For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.

Court :

Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations

A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.

Court :

New York Eastern District

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

Court :

New York Southern District

Benchnotes August 2020

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Bankruptcy Litigation

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

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