Discharge/Dischargeability

It Was So Much Fun; Let’s Do It Again: Cars, Parking and Municipal Violations, Take Two

Status Report on the Supreme Court

Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.

Being Employed Isn’t Enough to Salvage an Individual’s Chapter 11 Discharge

Appeals court talks about discharging a debt when the issue is denial of discharge.

Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition

BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.

Benchnotes November 2018

Nov 2018

Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments

Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.

Benchnotes October 2018

Oct 2018

The Estate of a Deceased Debtor May Obtain a Chapter 13 Discharge

Oct 2018

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11

Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.

Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says

Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).