Discharge/Dischargeability

9th Circuit Feb 27, 2026

Private Student Loans Are Discharged Entirely or Not at All, BAP Says

An Internal Revenue Code definition means that the bankruptcy court cannot make part of a private student loan dischargeable and another part nondischargeable.

Honest, but Still Unfortunate? Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge

Honest, but Still Unfortunate?Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge By Mark A. Fink and Richard E. Willi III As the U.S. Supreme Court has stated, the Bankruptcy Code’s principal purpose is

Conversion Does Not Create Indentured Servitude or Peonage: Why Eeyore Would Be Disappointed

Conversion Does Not Create Indentured Servitude or Peonage Why Eeyore Would Be Disappointed By Justin Farishon The Thirteenth Amendment to the U.S. Constitution, ratified in 1865, prohibits involuntary servitude in the U.S. and “any place subject to [U.S.] jurisdiction

Judgments Can Be Declared Nondischargeable Before They Are Entered

Dischargeability depends on the elements of the tort, not whether there was a judgment before bankruptcy.

A ‘13’ Plan Can’t Pay Nondischargeable Debt in Full and Give Nothing to Other Creditors

Bankruptcy Judge Jeffery Deller of Pittsburgh defines impermissible discrimination among unsecured creditors in a chapter 13 plan.
9th Circuit Jul 31, 2025

Disciplinary Costs Are Nondischargeable in California But Dischargeable in Nevada

The Ninth Circuit gives state legislatures the ability to decide whether costs of attorneys’ disciplinary proceedings are dischargeable, or not.

Debtor’s Income Includes Domestic Partner’s Contribution to Household Expenses

When the debtor makes false statements on schedules, discharge isn’t denied unless they were material, Judge Bentley says.

The Rest of the Story, Sugar

The Rest of the Story, Sugar By Hon. Elizabeth L. Gunn and Olivia Woodmansee In March 2025, when the Fourth Circuit reversed the dismissal of a chapter 13 debtor’s case with prejudice after she sold her home post-petition without a prior court order and in violation of