Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says
The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.
Second Circuit Opinion Raises Questions Left Open by Taggart v. Lorenzen
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?
Religious Contributions Not Considered in Dischargeability of Student Loans
First Amendment doesn’t compel deduction of religious contributions in finding an ‘undue hardship’ justifying the discharge of student loans.
Supreme Court Rejects Strict Liability for Discharge Violations
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
District Court Upholds Discharge of a Portion of Student Loan Debt
Finding ‘undue hardship’ held not to require discharging all student loan debt.