Discharge/Dischargeability

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Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.

Court :

11th Circuit

Another Example: Student Loans Are Virtually Impossible to Discharge

District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.

Court :

3rd Circuit

Pennsylvania

Pennsylvania Eastern District

Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged

Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.

Court :

8th Circuit

Portions of Rule 4004 Violate the Rules Enabling Act, Bankruptcy Judge Klein Says

Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.

Court :

9th Circuit

California

California Eastern District

Benchnotes March 2018

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Alabama District Judge Remains Antagonistic Toward Discharging Student Loans

ICRPs are always a factor in discharging student loans.

Court :

11th Circuit

Alabama

Alabama Middle District

Friday, December 15, 2017

Article Tags

Consumer Debt

Discharge/Dischargeability

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