Discharge/Dischargeability

Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.

Balance 101: Recalibrating the Student Debt Relationship By Ryan M. Deutsch Over the years, Congress has implemented various pieces of legislation amending the legal framework applied in the dischargeability analysis for student loan debt. Consequently, these amendments

Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships By Megan W. Murray Guaranties can be the lifeblood of loans, often adding credit support to a lender, which makes all the difference between a viable

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.

The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Court Establishes Framework for Determining Ownership Rights in Social Media Accounts The U.S. Bankruptcy Court for the Southern District of Florida recently considered an issue of first impression

Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.

The Third Circuit lauded Bankruptcy Judge Craig Goldblatt for a ‘well-reasoned’ opinion correctly interpreting Supreme Court authority.

Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.