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ABI Journal

Discharge/Dischargeability

Discharge Injunction Violations Can’t Be Heard in Federal District Court

Circuits are split on whether claims for contempt of the discharge injunction must be brought in the bankruptcy court that issued the discharge.

Corporate Debts in Sub V Can Be Nondischargeable, Judge Says, Differing with His BAP

Bankruptcy Judge Hercher agreed with the results in the Fourth and Fifth Circuits but disagreed with some of the appeals courts’ logic.

To amend the Higher Education Act of 1965 to remove the record of default on a loan made, insured, or guaranteed under title IV from a borrower’s credit history upon repayment of the full amount due on such loan.

Wednesday, August 6, 2025

To prohibit the Secretary of Education, the Secretary of the Treasury, and the Attorney General from cancelling student loans, or changing any other terms or conditions on such loans, except as expressly authorized by an Act of Congress enacted after the date of enactment of this Act.

Wednesday, August 6, 2025

To provide for the discharge of a private education loan in the case of death or total and permanent disability of a student obligor, and for other purposes.

Wednesday, August 6, 2025

Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages

One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.

Tuesday, May 28, 2024
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