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Displaying Journal Articles with Topic Discharge/Dischargeability

July 17, 2018

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

July 13, 2018

A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.

June 28, 2018

Holding two advanced degrees didn’t bar the discharge of student loans.

June 15, 2018

Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.

June 12, 2018

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.

June 7, 2018

Sympathy for a client won’t make up for counsel’s mistake.

June 4, 2018

Courts split on the dischargeability of debts incurred in the course of divorce or separation.
High court resolves a circuit split on Section 523(a)(2)(B) and the meaning of “financial condition.”

May 31, 2018

Fraudsters get no sympathy from the Sixth Circuit on dischargeability.

May 16, 2018

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

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