Discharge/Dischargeability

Friday, May 10, 2019

Article Tags

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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.

Court :

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).

Court :

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.

Court :

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.

Court :

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.

Court :

Supreme Court

Is the Applicable Commitment Period Applicable Post-Confirmation?

Bankruptcy Code

Topic Tags

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.

Court :

7th Circuit

Illinois

Illinois Northern District