Discharge/Dischargeability

Supreme Court Won’t Intervene in Fight Between Jay Alix and McKinsey

Supreme Court will not rule on whether upholding the integrity of the judicial system by itself confers appellate standing.

Is the Applicable Commitment Period Applicable Post-Confirmation?

June 2019

Lenders Admonished to Demand Nothing More in Plans than the Law Allows

Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.

Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?

Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?

Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor

The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.

Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage

Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.

Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)

June 2019

Dischargeability of Nonpriority Taxes for Late-Filed Tax Return

Sept 2019

Let’s Talk Student Loans (but Not Undue Hardship): Other Solutions to Help Your Clients and Get You Paid

Fail to Make Direct Payments to Secured Creditors? Discharge OK

May 2019