Discharge/Dischargeability

All Things Discharge

When Acting in Good Faith Isn’t Enough: A Taxing Decision for IRS

Sept 2018

Benchnotes September 2018

Sept 2018

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability

A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.

A Rose by Any Other Name: Eleventh Circuit Construes a Motion Objecting to the Dischargeability of a Debt as a “Complaint”

Aug 2018

A Destitute Debtor Succeeds in Discharging Student Loans

Holding two advanced degrees didn’t bar the discharge of student loans.

Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.