Student Loans
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Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
Corporate Debtors in Subchapter V Can’t Discharge Nondischargeable Debts, Circuit Says
Both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).
Court:
In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
Court:
Benchnotes July 2022
Journal Issue:
Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
Court:
Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
Biden Continues to Mull Student Loan Plan as Allies Urge Bold Action
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Commentary: Student Loan Relief Should Come in Bankruptcy Court*
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