Equitable Tolling Cannot Extend the Deadline for a Dischargeability Objection
The Third Circuit lauded Bankruptcy Judge Craig Goldblatt for a ‘well-reasoned’ opinion correctly interpreting Supreme Court authority.
Court:
Bartenwerfer Doesn’t Apply if the Debtor Isn’t a Partner or Agent, Bankruptcy Judge Says
Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.
Ninth Circuit BAP Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable
Disputing the Fourth Circuit line by line and raising the possibility of a circuit split, the BAP and six bankruptcy courts have held that there’s no such thing as nondischargeability for corporate Sub V debtors.
Court:
The New Process to Discharge Student Loans in Bankruptcy
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Benchnotes August 2023
Journal Issue:
Bartenwerfer Isn’t at Odds with Husky, According to Bankruptcy Judge Margaret Mann
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’