Discharge/Dischargeability

Benchnotes January 2023

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Failure to Timely Object to Debtors’ Claim of Exemption in “100 Percent of FMV” of Property Removes the Property from the Estate In In re Masingale, 1 the U.S. Bankruptcy Appellate Panel (BAP) of

Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee

Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.
9th Circuit Oct 21, 2022

Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss

The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.

Exceptions for Discharge Under Chapter 7

Exceptions for Discharge Under Chapter 7 By Jessica M. Kincaid and Jonathan S. Hawkins Debtors who file for chapter 7 are normally entitled to a discharge of unsecured debts. Certain debts may not be discharged, however, including any debt “for willful and malicious