Lower Courts Split on Nondischargeability of Education-Related Loans
New York judges narrowly define ‘educational benefit’ to discharge student loans.
Romance Can Lead to Marriage, but Not to a Nondischargeable Debt
Infatuation negates reliance in alleged fraud between lovers.
Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns
Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.
Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.
Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
Fifth Circuit Finds an Exception to General Rule on Appellate Standing
Debtors facing discharge denial have standing to appeal claim allowances.
Arbitration Agreement Cannot Include Waiver of Dischargeability
On dischargeability, post-filing waivers work, but pre-filing ones don’t.
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
Failed Lawyer Discharges $264,000 in Student Loan Debt
Advanced degrees for once were no bar to discharging student loans.
Debtors Throw Away $36,500 and Their Discharges at the Same Time
Judge can’t save debtors from the consequences of their self-inflicted wounds.