Discharge/Dischargeability

Tuesday, May 22, 2018

Article Tags

Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Benchnotes July 2018

July 2018

Bankruptcy Code

11 U.S.C. § 105

11 U.S.C. §§ 101-1532

Topic Tags

Automatic Stay

Claims

Bankruptcy Litigation

Discharge/Dischargeability

Discharging Duties: Public Policy Perils of a Trustee Leveraging a § 727 Claim for Financial Gain

Aug 2018

Bankruptcy Code

727

Topic Tags

Bankruptcy Litigation

Discharge/Dischargeability

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

Court :

11th Circuit

Florida

Florida Southern District

Are Debts Stemming from ICOs Dischargeable in Bankruptcy?

Aug 2018

Bankruptcy Code

523

Topic Tags

Bankruptcy Litigation

Discharge/Dischargeability

Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results

Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.

Court :

11th Circuit

Georgetown Law Center’s Bankruptcy Advocacy Practicum: Providing Pro Bono Appellate Briefs for Consumer Debtors

July 2018

Bankruptcy Code

523

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Discharge Revoked for Failure to Obey an Order Pending Appeal

To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.

Court :

9th Circuit

Idaho

Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit

An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.

Court :

9th Circuit

Subscribe to %1