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ABI Journal

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.

Tuesday, October 8, 2019
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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.

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.

Second Circuit Explains when Default Judgments Qualify for Issue Preclusion

Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.