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ABI Journal

Discharge/Dischargeability

Romance Can Lead to Marriage, but Not to a Nondischargeable Debt

Infatuation negates reliance in alleged fraud between lovers.

Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern

Posner chides bankruptcy judge for reluctance to enter money judgment.

Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns

Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.

Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness

Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

Fifth Circuit Finds an Exception to General Rule on Appellate Standing

Debtors facing discharge denial have standing to appeal claim allowances.

Arbitration Agreement Cannot Include Waiver of Dischargeability

On dischargeability, post-filing waivers work, but pre-filing ones don’t.

Tuesday, March 1, 2016
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Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

Failed Lawyer Discharges $264,000 in Student Loan Debt

Advanced degrees for once were no bar to discharging student loans.