Rochelle's Daily Wire

ABI Exclusive

October 2, 2020

Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).

October 1, 2020

An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.

September 29, 2020

Insurance companies must nail down the treatment of performance bonds before plan confirmation.

September 10, 2020

Bankruptcy Judge Martin Glenn imposed civil contempt sanctions for ignoring court orders over five years.

September 4, 2020

Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).

September 2, 2020

Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.

August 24, 2020

Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.

August 20, 2020

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

August 5, 2020

Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).

July 20, 2020

Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.