Consumer Workshop III: Cleaning It Up: Messy Chapter 7s
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Fifth Circuit Cites ‘Clearly Erroneous’ Findings to Declare a Debt Nondischargeable
Circuit says it’s easy to show reasonable reliance on a false financial statement.
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Delaware District Court Upholds Discharge of Environmental Fines in Chapter 11
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
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Must a Debtor Be Destitute Before Discharging Student Loans?
Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.
Silence in the Face of a Duty to Disclose Is Not a ‘Statement,’ 9th Cir. BAP Holds
The Ninth Circuit BAP closed a loophole that would have allowed a recipient of public assistance benefits to discharge a debt for overpayment.
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Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
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May a Chapter 13 Plan Pay a Larger Percentage Toward Student Loans?
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 Reverses the BAP for Fact-Finding on Appeal
First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.
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Circuit Split Widens over Discharging Taxes on Late-Filed Returns
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
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Incorporating AAA Rules by Reference Won’t Work with Consumers
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.
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