Discharge/Dischargeability

PACA Doesn’t Give Rise to Denial of Discharge for Defalcation, Chicago Judge Says

A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.

Court :

7th Circuit

Illinois

Illinois Northern District

Thursday, December 19, 2019

Article Tags

Consumer Debt

Discharge/Dischargeability

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Benchnotes February 2020

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Ethics

Executory Contracts/Leases

Fraud

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

ABI Talks (2019 Winter Leadership Conference)

Topics

Plan Confirmation

Consumer Debt

Discharge/Dischargeability

Small Business

Links

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Benchnotes January 2020

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Automatic Stay

Bankruptcy Litigation

Fraudulent Transfers

Preferences

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

Commercial Fraud

Real Estate

Student Loans Discharged in Part, Even Though Debtor Wasn’t Destitute

A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.

Court :

9th Circuit

Oregon

Thursday, November 14, 2019

Article Tags

Claims

Bankruptcy Litigation

Court Administration

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

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