Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
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?
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
Aligning with the Third Circuit, the Ninth Circuit says that lower courts were reading its prior decisions too broadly.
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
Discharge was violated, but sanctions are likely out of reach.