First Circuit BAP Limits the Student Loan ‘Borrower Defense’
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
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Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).
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A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically
Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.
Corporate Officer Has a Nondischargeable Debt from the Company’s Fraud
Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.
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Case Law Update
Advanced Fraudulent Transfers: A Baker’s Dozen of Helpful Tips and Insights
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Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal
The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.
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