Discharge/Dischargeability

Second Circuit Nixes Nationwide Class Actions for Discharge Violations

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

Court :

2nd Circuit

Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

Court :

9th Circuit

Benchnotes July 2020

July 2020

Bankruptcy Code

1334(b)

11 U.S.C. § 363

11 U.S.C. §§ 101-1532

327

Topic Tags

Asset Sales

Bankruptcy Litigation

Financial Advisors

Consumer Bankruptcy

Discharge/Dischargeability

Confirmation Barred Claims Against a Coal Producer for Causing Global Warming

Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.

Court :

8th Circuit

Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake

A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.

Court :

2nd Circuit

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 :

9th Circuit

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 :

10th Circuit

Utah

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 :

1st Circuit

Rhode Island

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 :

5th Circuit

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