Discharge/Dischargeability

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

When Is a House a “Home”? Varied Dates Used to Determine a Debtor’s “Principal Residence”

March 2019

Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds

By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.

Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says

Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.

Consumer Update: Hot Topics in Consumer Law

Courts Split on Arbitrating Dischargeability of Student Loans

Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.

Benchnotes January 2019

Jan 2019

Should Congress Abrogate Brunner’s Criteria for Determining “Undue Hardship” Under § 523(a)(8)?

March 2019

Student Loans: An Overwhelming Problem in Need of Some Solutions