Rochelle's Daily Wire

ABI Exclusive

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.

June 17, 2021

The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.

June 4, 2021

Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.