Fifth and Fourth Circuits Hold that Debts in Sub V Can Be Nondischargeable
Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.
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An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code
Mediation of Consumer Bankruptcy Issues
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For No Notice in an ‘Asset’ Case, the Entire Debt Is Not Discharged, the Ninth Circuit Says
The Ninth Circuit explains why the debt owing to a creditor without notice is discharged in a ‘no asset’ case but not in an ‘asset’ case.
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Benchnotes May 2024
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Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability
Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’
Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling
By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.
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