Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
Discharge May Be Enforced in Another District, Brooklyn Judge Says
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.