Discharge/Dischargeability

Debtors May Avoid Judicial Liens Under Section 522(f) Securing Nondischargeable Debts

Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.

Student Loans Consolidated After Filing Can’t Be Discharged, Even for Undue Hardship

Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.

Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.
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