Discharge/Dischargeability

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.

Court :

1st Circuit

Stale Claim Circuit Discord at the Supreme Court

Bankruptcy Code

Topic Tags

Plan Confirmation

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Finance and Banking

Retail

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.

Court :

11th Circuit

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

Court :

9th Circuit

California

California Eastern District

Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says

Sarbanes-Oxley nails securities fraudsters who file bankruptcy.

Court :

10th Circuit

Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

Court :

11th Circuit

Florida

Florida Northern District

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

Court :

1st Circuit

‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases

Bankruptcy court can make a final order disallowing an unfiled claim under state law.

Court :

6th Circuit

Ohio

Ohio Northern District

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

Court :

6th Circuit

Michigan

Michigan Eastern District

Subscribe to %1