Discharge/Dischargeability

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

Bankruptcy Fraud: Still a Threat to the Bankruptcy Process By Elise Mochizuki The recent increase in both consumer and corporate bankruptcy filings is expected to include significant bankruptcy fraud and/or abuse. With the goal of empowering stakeholders to assist the

Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water By Andrew S. Erickson It is common for a chapter 7 panel trustee to review hundreds of pages of financial records along with the petition and schedules for any given consumer chapter 7 case prior to the

Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Supreme Court Finds No Authority for Nondebtor Third-Party, Nonconsensual Releases In Harrington v. Purdue Pharma LP , 1 the U.S. Supreme Court reversed the Second Circuit’s order approving the

Navigating the Intersection of §§ 507 and 523: Understanding the Priority and Dischargeability of Governmental Debts By Trish D. Lazich and Kristin Radwanick Bankruptcy is a complex legal landscape. The Bankruptcy Code is particularly complex with respect to the

The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).

The federal appeals court brushed aside technicalities under state criminal law in deciding that an order for restitution was not discharged under Section 1328(a)(3).

Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.

Circuits are split on whether claims for contempt of the discharge injunction must be brought in the bankruptcy court that issued the discharge.