Discharge/Dischargeability

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.

2023 Legislative Roundup By Brittany M. Woodman Compared to 2022, 2023 saw an 18 percent increase in total bankruptcy filings. 1 While bankruptcy filings increased and U.S. Supreme Court decisions hoped to deliver clarity among circuits, proposed bankruptcy legislative

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’s total fixed, liquidated

Fourth Circuit holds that attorneys’ fees and interest in pursuit of nondischargeable debts are themselves nondischargeable.

Recognition of Income-Based Repayment of Student Debt in Disposable Income By Michael Polkoff Student loan debt has generated significant discourse on how it should be treated during bankruptcy, 1 yet the income-based-repayment (IBR) alternative intended to reduce the

Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.