Discharge/Dischargeability

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 :

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.

Court :

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.

Court :

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

Bankruptcy Code

Topic Tags

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.

Court :

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.

Court :

7th Circuit

Illinois

Illinois Central District

Monday, February 26, 2018

Article Tags

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

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