Ninth Circuit BAP Limits Bartenwerfer on Vicarious Liability for Nondischargeability
The Ninth Circuit BAP explains why Bartenwerfer didn’t open the door to vicarious liability for all forms of nondischargeability in Section 523(a).
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Fraudulent ‘Omission’ Isn’t a ‘Statement’ for Nondischargeability Purposes, BAP Says
If a fraudulent omission were a ‘statement,’ the BAP explains why nondischargeability would be almost impossible to prove.
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Bill Rochelle’s Top 10 Daily Wires
Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor
Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.
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Fifth Circuit Says Lessors Are ‘Known’ Creditors Entitled to Actual Notice
Circuit court upholds Bankruptcy Judge Jernigan: Notice by publication doesn’t discharge claims from a lease that rode through chapter 11 or was assumed.
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Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V
Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.
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Equity Survives in the Ninth Circuit to Prevent Recoupment of Disability Overpayments
Reversing the BAP, the Ninth Circuit held that equitable considerations may stop the government from recovering disability overpayments, when the doctrine of recoupment otherwise would have allowed recovery despite the debtor’s chapter 7 discharge.
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