May 17, 2021
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
May 13, 2021
On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.
May 5, 2021
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
April 20, 2021
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
April 5, 2021
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
April 1, 2021
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
March 30, 2021
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
March 24, 2021
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
4th Circuit , Maryland ,
March 22, 2021
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
10th Circuit , Kansas ,
March 17, 2021
Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.