Early Edition with Bill Rochelle
Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
Court:
Deion Sanders' Son Shilo Facing Legal Challenges After Filing for Bankruptcy
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Benchnotes July 2024
Journal Issue:
Collecting a Student Loan Can (Sometimes) Violate the Discharge Injunction, BAP Says
The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’
Court:
Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Benchnotes June 2024
Journal Issue:
Another Court Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.
Court:
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.
Court: