Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows
The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.
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The Ninth Circuit and the BAP Draw Opposite Conclusions from the Same Testimony
For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.
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Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations
A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.
No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies
Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?
Benchnotes August 2020
Journal Issue:
Second Circuit Nixes Nationwide Class Actions for Discharge Violations
Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.
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Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson
Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.
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Benchnotes July 2020
Journal Issue:
Confirmation Barred Claims Against a Coal Producer for Causing Global Warming
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
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Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake
A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.
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