Discharge/Dischargeability

Evidence of Intent to ‘Hinder’ Wasn’t Sufficient to Deny Discharge, District Judge Says

The bankruptcy court’s inference of intent to hinder the trustee wasn’t supported by the evidence, the district judge says in reversing a denial discharge.

Offensive Appellate Rights May Be Sold, but Maybe Not Defensive Appellate Rights

State laws differ on whether defensive appellate rights are estate property that may be sold.

For No Notice in an ‘Asset’ Case, the Entire Debt Is Not Discharged, the Ninth Circuit Says

The Ninth Circuit explains why the debt owing to a creditor without notice is discharged in a ‘no asset’ case but not in an ‘asset’ case.

Benchnotes May 2024

May 2024

Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

The U.S. Supreme Court Illuminates the Basis of Vicarious Liability