Debtor’s Voluntary Dismissal of a Chapter 13 Case Won’t Evade Sanctions for Misconduct
Voluntary dismissal of a chapter 13 case isn’t automatic. A motion and a hearing are required.
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.
Unexplained Loss of Assets Needn’t Be Substantial to Mean Loss of Discharge, Circuit Says
ABI’s president, Judge Bruce Harwood, is affirmed by the First Circuit.
Creditor With a Derivative Claim Has Standing to Sue, Fifth Circuit Says
Embezzlement from an LLC conferred standing to sue on an owner, not only on the LLC.
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.
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.