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Discharge/Dischargeability

Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules

Sanctions weren’t justified for attempting to collect a time-barred tax claim.
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The Supreme Court Refuses to Revisit Dewsnup

Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
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Supreme Court Is on the Road to Overruling Dewsnup

A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
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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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