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524

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

Ninth Circuit Now Permits Nonconsensual, Third-Party Releases in Chapter 11 Plans

Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.
Court: 

Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation

Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.

Another Case Shows the Need to Provide Remedies for Discharge Violations

Discharge was violated, but sanctions are likely out of reach.
Court: 

Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently

The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’
Court: 

Eighth Circuit Applies Cap on Lease Claims to a Fraudulent Transfer Judgment

Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
Court: 

Third Circuit Endorses an Alternative to Section 524(g) Trusts for Asbestos Cases

Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.
Court: 

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