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Discharge/Dischargeability

If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

9th Circuit
California
California Eastern District

BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

9th Circuit

Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says

Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.

5th Circuit

Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues

Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.

5th Circuit

Protecting Disabled Veterans in Need of Financial Assistance: Applying the HAVEN Act to Cases Filed Before Its Enactment

Dec 2019

Bankruptcy Code
101
Topic Tags
Legislation
Practice and Procedure
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Knowledge of Fraud Before Discharge Doesn’t Always Preclude Revocation

Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.

11th Circuit
Tuesday, October 8, 2019
Article Tags
Court Administration
Discharge/Dischargeability
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Game of Loans: Is Student Debt Forgiveness Coming?

Dec 2019

Topic Tags
Consumer Debt
Discharge/Dischargeability

Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

11th Circuit
Georgia
Georgia Southern District

Proceedings for Contempt Discharge Held Not Subject to Arbitration

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.

11th Circuit
Florida
Florida Middle District
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