Debt Held Nondischargeable as to Someone Who Didn’t Commit a Defalcation
Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.
Court:
Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.
Court:
Warren, Nadler, Lawmakers Reintroduce Consumer Bankruptcy Reform Act
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
For Nondischargeability, a Bankruptcy Court Can Find a Securities Law Violation
A decision from a state or federal court before bankruptcy finding a securities law violation isn’t required for nondischargeability under Section 523(a)(19).
Court:
U.S. Trustee Program Obtains Denial of Discharge Based on Chapter 7 Debtor’s Failure to Preserve Records
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Chicago District Judge Decides that Sub V Debtors Can Have Nondischargeable Debts
Reversing the bankruptcy court, the Chicago district judge follows the Fourth and Fifth Circuits and rejects a contrary holding by the Ninth Circuit BAP.
Aggressive Bankruptcy Planning Didn’t Result in the Loss of Discharge
Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.
Court:
Even if Ineligible for Chapter 13, Ninth Circuit Says the Debtor Can Still Dismiss
In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.
Court:
Reps. Nadler and Correa Reintroduce the “Student Borrower Bankruptcy Relief Act”
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member