Discharge/Dischargeability | ABI

Why the Chapter 7 Eligibility Guidelines Are Counterproductive

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Discharge/Dischargeability

Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.

Court :

Lack of Familiarity with PACER Is No Excuse for a Late Filing

Filing with PACER should be left to the experts, by which we mean paralegals.

Court :

Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation

Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.

Court :

Fifth Circuit Cites ‘Clearly Erroneous’ Findings to Declare a Debt Nondischargeable

Circuit says it’s easy to show reasonable reliance on a false financial statement.

Court :

A Late-Filed Return Does Not Lose Its Status Because It Was Filed Late

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Bankruptcy Taxation

A Day or a Decade: Failure to Meet Deadlines Makes Taxes Nondischargeable

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Delaware District Court Upholds Discharge of Environmental Fines in Chapter 11

Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.

Court :

Must Bankruptcy Courts Apply the Punitive Gloss of Brunner for the Discharge of a Student Loan?

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Ninth Circuit BAP Applies Taggart to Violations of the Automatic Stay

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.

Court :

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