December 27, 2021
Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.
December 14, 2021
Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.
December 3, 2021
Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.
November 16, 2021
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
8th Circuit , Minnesota ,
November 9, 2021
The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.
October 22, 2021
Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.
October 20, 2021
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
October 19, 2021
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
October 11, 2021
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
October 7, 2021
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.