Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says
Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.
Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability
A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.
A Destitute Debtor Succeeds in Discharging Student Loans
Holding two advanced degrees didn’t bar the discharge of student loans.
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
A False Statement About One Asset Isn’t Grounds for Nondischargeability, Supreme Court Rules
High court resolves a circuit split on Section 523(a)(2)(B) and the meaning of “financial condition.”
Islamic Law Informs the Court in Interpreting a Marital Contract
Courts split on the dischargeability of debts incurred in the course of divorce or separation.
Penalties for Fraud Are Nondischargeable Despite Chapter 13’s ‘Superdischarge’
Fraudsters get no sympathy from the Sixth Circuit on dischargeability.