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Discharge/Dischargeability

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

May 2020

Bankruptcy Code
523
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability
Bankruptcy Taxation

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

May 2020

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.

3rd Circuit
Delaware

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

May 2020

Bankruptcy Code
523(a)(8)
Topic Tags
Consumer Bankruptcy
Consumer Debt
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.

9th Circuit

Indebted to the Agency: What to Do When Social Security Is Your Creditor

June 2020

Bankruptcy Code
106
11 U.S.C. § 362
507
523
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Govt. Claims/Sovereign Immunity
Health Care

Benchnotes May 2020

May 2020

Bankruptcy Code
362(d)
523(a)(8)
11 U.S.C. § 363(f)
327
330
350
1144
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

Another Case Shows the Need to Provide Remedies for Discharge Violations

Discharge was violated, but sanctions are likely out of reach.

7th Circuit

Mortgage Servicer Hit with $300,000 in Actual and Punitive Damages for Stay Violation

The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.

9th Circuit
Nevada

Ninth Circuit Equivocates on ‘Collection Injunctions’ in Individual Chapter 11s

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.

9th Circuit
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