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ABI Journal

Mitchell L. Herren

A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction

In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.

Kansas

A ‘13’ Debtor Can’t Dismiss After Conversion to ‘7,’ Tenth Circuit BAP Says

A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).

10th Circuit

Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions

Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.

10th Circuit
Kansas
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