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Discharge/Dischargeability

Ensuring Enforcement of the Eleventh-Hour Mediation Deal

Feb 2017

Topic Tags
Alternative Dispute Resolution
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Executory Contracts/Leases
Fraud
Fraudulent Transfers
Practice and Procedure
Preferences
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Family/Divorce Issues
Mortgage
Airlines
Agriculture/PACA
Bankruptcy Taxation
Business Reorganization
Chapter 12/Farm Cases
Commercial Fraud
Detroit
Finance and Banking
Govt. Claims/Sovereign Immunity
Health Care
Hospitality, Entertainment Venues and Gaming
Insurance
International Insolvency
Investment Banking
Labor/Employment
Lender Liability
Mass Torts
Municipal Bankruptcy
Public Companies and Claims Trading
Puerto Rico
Real Estate
Retail
SEC Issues
Small Business
Telecom/Tech
Turnaround Issues
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

The Federal Student Loan Bubble: Looking Beyond Bankruptcy to Stay Afloat

Feb 2017

Bankruptcy Code
523
Topic Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.

1st Circuit

Stale Claim Circuit Discord at the Supreme Court

Feb 2017

Bankruptcy Code
551
558
1328
Topic Tags
Claims
Plan Confirmation
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability
Finance and Banking
Retail

Section 348 and Post-Confirmation, Pre-Conversion Claims

Sept 2017

Bankruptcy Code
11 U.S.C. § 362
348
503
523
727
1112
1115
1141
541
Topic Tags
Administrative Expense Claims
Automatic Stay
Claims
Bankruptcy Litigation
Plan Confirmation
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability
Business Reorganization
Unsecured Trade Creditors

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.

11th Circuit

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

9th Circuit
California
California Eastern District

Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says

Sarbanes-Oxley nails securities fraudsters who file bankruptcy.

10th Circuit

Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

11th Circuit
Florida
Florida Northern District

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

1st Circuit
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