Discharge/Dischargeability | ABI

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

Court :

New York Southern District

Benchnotes August 2020

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Bankruptcy Litigation

Practice and Procedure

Professional Compensation/Fees

Consumer Bankruptcy

Discharge/Dischargeability

Second Circuit Nixes Nationwide Class Actions for Discharge Violations

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

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Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

Court :

Benchnotes July 2020

Bankruptcy Code

11 U.S.C. § 363

11 U.S.C. §§ 101-1532

Topic Tags

Bankruptcy Litigation

Financial Advisors

Consumer Bankruptcy

Discharge/Dischargeability

Confirmation Barred Claims Against a Coal Producer for Causing Global Warming

Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.

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Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake

A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.

Court :

Why the Chapter 7 Eligibility Guidelines Are Counterproductive

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Discharge/Dischargeability

Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.

Court :

Lack of Familiarity with PACER Is No Excuse for a Late Filing

Filing with PACER should be left to the experts, by which we mean paralegals.

Court :

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