Private Student Loans Are Discharged Entirely or Not at All, BAP Says
An Internal Revenue Code definition means that the bankruptcy court cannot make part of a private student loan dischargeable and another part nondischargeable.
Unexplained Loss of Assets Needn’t Be Substantial to Mean Loss of Discharge, Circuit Says
ABI’s president, Judge Bruce Harwood, is affirmed by the First Circuit.
Creditor With a Derivative Claim Has Standing to Sue, Fifth Circuit Says
Embezzlement from an LLC conferred standing to sue on an owner, not only on the LLC.
Honest, but Still Unfortunate? Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge
Honest, but Still Unfortunate?Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge By Mark A. Fink and Richard E. Willi III As the U.S. Supreme Court has stated, the Bankruptcy Code’s principal purpose is
Judgments Can Be Declared Nondischargeable Before They Are Entered
Dischargeability depends on the elements of the tort, not whether there was a judgment before bankruptcy.
A ‘13’ Plan Can’t Pay Nondischargeable Debt in Full and Give Nothing to Other Creditors
Bankruptcy Judge Jeffery Deller of Pittsburgh defines impermissible discrimination among unsecured creditors in a chapter 13 plan.
Disciplinary Costs Are Nondischargeable in California But Dischargeable in Nevada
The Ninth Circuit gives state legislatures the ability to decide whether costs of attorneys’ disciplinary proceedings are dischargeable, or not.
Debtor’s Income Includes Domestic Partner’s Contribution to Household Expenses
When the debtor makes false statements on schedules, discharge isn’t denied unless they were material, Judge Bentley says.
The Rest of the Story, Sugar
The Rest of the Story, Sugar By Hon. Elizabeth L. Gunn and Olivia Woodmansee In March 2025, when the Fourth Circuit reversed the dismissal of a chapter 13 debtor’s case with prejudice after she sold her home post-petition without a prior court order and in violation of
Courts Must Use Inherent Powers for Sanctions on Pro Se Litigants, Eleventh Circuit Says
In a nonprecedential opinion, the Eleventh Circuit holds that 28 U.S.C. § 1927 may not be used to impose monetary sanctions on pro se litigants.