Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
Student Loans Were Discharged Only with Assistance from Pro Bono Counsel
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
On Student Loan Discharge, District Judge Requires Responses to Unasserted Defenses
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
Discharge Cuts Off Future Liability on a Guaranty, Some Courts Hold on a Split
The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.
Claims Not Scheduled Before the Bar Date Aren’t Always Excepted from Discharge
Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.