Circuits Possibly Split on Bankruptcy as Discharging Coal Act Liability for Health Benefits
Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.
Court:
Cert Granted to Decide: Is a Principal’s Liability for an Agent’s Fraud Nondischargeable?
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
Court:
Supreme Court Weighs Bankruptcy Discharges for Fraud by a Third Party
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Student Debt/Student Loans
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Democrats Press Education Dept over Plans to Help Student Loan Borrowers in Default
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Judge Brown Finds a Loophole Where Debtors Get Discharges Despite Nondisclosure
Had Congress considered the facts that were before Bankruptcy Judge Elizabeth Brown, it surely would have written the statute differently, this writer believes.
Court:
Student Loan Companies 'Abusing the Bankruptcy System' Will Face Consequences: CFPB Letter
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