Discharge/Dischargeability

Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?

Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?

Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor

The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.

Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage

Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.

Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)

June 2019

Let’s Talk Student Loans (but Not Undue Hardship): Other Solutions to Help Your Clients and Get You Paid

Fail to Make Direct Payments to Secured Creditors? Discharge OK

May 2019

Ignorance (of the Law) Is Bliss: Examining Subjective, Unreasonable Good Faith and the Discharge Injunction

May 2019

Fail to Make Direct Payments to Secured Creditors? No Discharge

May 2019

Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules

Sanctions weren’t justified for attempting to collect a time-barred tax claim.