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Discharge/Dischargeability

Denying Chapter 13 Discharges for Direct-Payment Defaults

June 2019

Bankruptcy Code
1328
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability

District Court Upholds Discharge of a Portion of Student Loan Debt

Finding ‘undue hardship’ held not to require discharging all student loan debt.

10th Circuit
Kansas

Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State

The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).

9th Circuit

Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation

In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.

Supreme Court

Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate

Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.

3rd Circuit
New Jersey

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.

Supreme Court

Is the Applicable Commitment Period Applicable Post-Confirmation?

June 2019

Bankruptcy Code
1325
1329
Topic Tags
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability

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.

7th Circuit
Illinois
Illinois Northern District

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?

6th Circuit

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.

4th Circuit
Virginia
Virginia Western District
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