Circuit says it’s easy to show reasonable reliance on a false financial statement.
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.
The Ninth Circuit BAP closed a loophole that would have allowed a recipient of public assistance benefits to discharge a debt for overpayment.
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
Since Congress has made student loans virtually nondischargeable, why can’t a chapter 13 plan discriminate in favor of paying more toward student loans?
First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.