The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
First Circuit BAP explains what lien avoidance does and doesn’t do.
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.