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Discharge/Dischargeability

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds

By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
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Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says

Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
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Courts Split on Arbitrating Dischargeability of Student Loans

Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.

Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments

The bankruptcy court is no longer a court of equity; here’s another example.
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Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline

A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.

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