Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.