Discharge/Dischargeability

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

Court :

11th Circuit

Florida

Florida Southern District

Are Debts Stemming from ICOs Dischargeable in Bankruptcy?

Aug 2018

Bankruptcy Code

523

Topic Tags

Bankruptcy Litigation

Discharge/Dischargeability

Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

Court :

11th Circuit

Georgetown Law Center’s Bankruptcy Advocacy Practicum: Providing Pro Bono Appellate Briefs for Consumer Debtors

July 2018

Bankruptcy Code

523

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Discharge Revoked for Failure to Obey an Order Pending Appeal

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.

Court :

9th Circuit

Idaho

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

Court :

9th Circuit

Restricted vs. Continuing Guaranties and the § 727 Discharge

June 2018

Bankruptcy Code

727

Topic Tags

Claims

Bankruptcy Litigation

Discharge/Dischargeability

“Fresh Start” Principles Defeat Mandatory Arbitration Clause

June 2018

Bankruptcy Code

524

Topic Tags

Alternative Dispute Resolution

Bankruptcy Litigation

Consumer Bankruptcy

Discharge/Dischargeability

Commercial Fraud

Finance and Banking

Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge

The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.

Court :

9th Circuit

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