Discharge/Dischargeability

Judge Explains Why Tax Liens Are Subordinated to Domestic Support Obligations

Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.

Benchnotes December 2023

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack District Court Finds that Free-and-Clear Sale Orders Have No Impact on a Purchaser’s Successorship Obligations Under NLRA The U.S. District Court for the District of Delaware recently reversed the

5th Circuit Oct 16, 2023

Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.

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.