Discharge/Dischargeability

Betting on a Fresh Start? Gambling Debt Dischargeability in an Era of Online Sports Betting By Connor D. Hicks The U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) on May 14, 2018. 1 PASPA had largely made it unlawful for states

Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.

Student Loan Discharge: Where Are We Headed? By Stacy Lutkus The discharge and forgiveness of student loan debt has long 1 been a contentious topic, both inside and outside of bankruptcy circles. With escalating student loan debt levels 2 a focus of national attention

The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.

A decision from a state or federal court before bankruptcy finding a securities law violation isn’t required for nondischargeability under Section 523(a)(19).

Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.

In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

Bankruptcy Fraud: Still a Threat to the Bankruptcy Process By Elise Mochizuki The recent increase in both consumer and corporate bankruptcy filings is expected to include significant bankruptcy fraud and/or abuse. With the goal of empowering stakeholders to assist the