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Discharge/Dischargeability

Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable

The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.

9th Circuit

Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability

The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.

Supreme Court

With Notice Comes Responsibility: Direct Payments to Creditors Are Payments “Under the Plan” and Required for Debtor to Be Granted § 1328(a) Discharge

May 2018

Bankruptcy Code
1328
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability

Don’t Move the Goalposts: Section 1328 Should Not Deny Discharge to Debtor Who Completes Payments to Trustee, but Is Behind on Direct Payments

May 2018

Bankruptcy Code
1328
Topic Tags
Consumer Bankruptcy
Discharge/Dischargeability

Crooked Path to Nondischargeability of Restitution Obligations

April 2019

Bankruptcy Code
523
1328
Topic Tags
Claims
Plan Confirmation
Practice and Procedure
Discharge/Dischargeability
Commercial Fraud

Challenging Student Loans Permissible Six Years after Discharge

Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.

10th Circuit
New Mexico

Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments

Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.

7th Circuit
Illinois
Illinois Central District
Monday, February 26, 2018
Article Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
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An Individual Debtor’s “Business” for Purposes of § 1141(d)(3)(B)

Nov 2018

Bankruptcy Code
103
727
1141
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Discharge/Dischargeability
Business Reorganization

Consumer Protection Claims by Governments Are Discharged in Chapter 11

Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.

3rd Circuit
Delaware
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