Discharge/Dischargeability

Monday, March 13, 2017

Article Tags

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Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

Court :

6th Circuit

Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

Financial professional was held to a higher standard in valuing estate assets.

Court :

4th Circuit

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

Court :

9th Circuit

Benchnotes April 2017

April 2017

Topic Tags

Automatic Stay

Claims

Bankruptcy Litigation

Fraudulent Transfers

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Interpreting the Means Test: 12 Years Later, Questions Remain

May 2017

Bankruptcy Code

707

Topic Tags

Bankruptcy Litigation

Consumer Bankruptcy

Discharge/Dischargeability

Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws

Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).

Court :

11th Circuit

Falsely Misrepresenting One Asset Isn’t Grounds for Nondischargeability, Circuit Holds

Eleventh Circuit takes sides with the majority in circuit split over Section 523(a)(2).

Court :

11th Circuit

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

Court :

4th Circuit

North Carolina

North Carolina Eastern District

Benchnotes March 2017

March 2017

Bankruptcy Code

11 U.S.C. § 362

524

11 U.S.C.A. § 544(b); 11 U.S.C.A. § 548; 11 U.S.C.A. § 550;

Topic Tags

Automatic Stay

Bankruptcy Litigation

Fraudulent Transfers

Consumer Bankruptcy

Discharge/Dischargeability

Mortgage

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