Rochelle's Daily Wire

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, the Eleventh Circuit held in upholding Bankruptcy Judge Roberta Colton.

The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.

The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.

The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).

A country that was ineligible to host a nonmain foreign proceeding was nonetheless held to have the foreign main proceeding.

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.

Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.

Death is a reason for waiving the requirement for completing a financial management course.