Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
Court:
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
PACA Violation Doesn’t Result in Nondischargeability for Defalcation, Tampa Judge Says
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.
Unmasking Some Great Consumer Cases from 2020 and 2021
Subchapter V and Virtual Court: A Tale of Two Frontiers
Benchnotes June 2021
Journal Issue:
Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
Court:
Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
Court:
Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
Court: