Rochelle's Daily Wire

ABI Exclusive

September 16, 2021

Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.

September 10, 2021

Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.

September 8, 2021

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

August 27, 2021

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

August 2, 2021

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).

July 29, 2021

Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.

July 26, 2021

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

July 20, 2021

No circuit split: The Second Circuit agrees with the Fifth and Tenth Circuits that only a subset of private student loans is automatically nondischargeable.

July 6, 2021

Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.

June 28, 2021

Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.

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