Equitable Tolling Effect of Prior Bankruptcy Leads to 8 Years of Nondischargeable Taxes In Rader v. IRS, the debtor filed a Chapter 13 bankruptcy
Nondischargeable Taxes In Rader v. IRS, the debtor filed a Chapter 13 bankruptcy petition on March 11, 2014.
P.R. Treasury Department Again Violates Automatic Stay The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income
The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income Tax Return.” The notice pertained to a pre-petition debt...
9^(th) Circuit BAP: Certain Small Business Debtors Are Exempt From Nondischargeability Determinations The 9^(th) Circuit BAP joined at least eight
Nondischargeability Determinations The 9^(th) Circuit BAP joined at least eight bankruptcy courts which have held that non-individual debtors...
Request to Appeal Non-Final Discharge Violation Order Denied Due to Failure to Address Existence of Substantial Ground for Difference of Opinion
Failure to Address Existence of Substantial Ground for Difference of Opinion Years after receiving a discharge.
Judicial Lien Securing Nondischargeable Debt Can Still Be Avoided A debt can be nondischargeable and still be subject to lien avoidance, according
A debt can be nondischargeable and still be subject to lien avoidance, according to a recent decision out of the U.S. Bankruptcy Court for the N.D.
First Circuit Court of Appeals Upholds Denial of Discharge Based on Failure to Keep Records If you're considering filing for bankruptcy, make sure
Failure to Keep Records If you're considering filing for bankruptcy, make sure that you have financial records which allow for an adequate evaluation...
Certain Litigation Acts Trigger their own one-year statute of limitations under the FDCPA As its name suggests, the Fair Debt Collection Practices
limitations under the FDCPA As its name suggests, the Fair Debt Collection Practices Act seeks to protect consumers by prohibiting abusive debt...
Collection of Discharged Debt From Debtor’s Alter Ego Does Not Violate Discharge Injunction
Discharge Injunction The U.S. Bankruptcy Appellate Panel for the Ninth Circuit concluded that a creditor does not violate the discharge injunction...
Delay in Applying Mortgage Payments Did Not Result in Violation to Discharge Injunction
Discharge Injunction A creditor’s willful misapplication of any payments contrary to a confirmed plan can lead to a violation of the discharge...
Second Circuit: Non-consensual Third-Party Releases of Direct Claims Against a Non-debtor Can Be Included in a Chapter 11 Plan in Certain
Against a Non-debtor Can Be Included in a Chapter 11 Plan in Certain Circumstances The U.S.
Bankruptcy Court Finds PR Treasury Department Liable for Violating Discharge Injunction In Rivera-Padilla v. Treasury Department of PR, the Treasury
Discharge Injunction In Rivera-Padilla v. Treasury Department of PR, the Treasury Department of Puerto Rico sent a debtor a Collection Notice...
Fifth Circuit: Bankruptcy Court Exceeded Its Authority in Approving Post-confirmation Settlements of Discharged Claims
Post-confirmation Settlements of Discharged Claims After Chesapeake Energy Corporation’s Chapter 11 plan became effective.
Debt Incurred for Misuse of Client’s Retirement and Investment Funds Declared Nondischargeable A debt owed under a judgment entered by the Court
Declared Nondischargeable A debt owed under a judgment entered by the Court of First Instance of the Commonwealth of Puerto Rico was declared...
First Circuit Gets Suiza Dairy Decision Wrong PROMESA has been a rollercoaster of disappointments and vindications for those who have asserted
PROMESA has been a rollercoaster of disappointments and vindications for those who have asserted prepetition claims against the Commonwealth based...
SCOTUS’ Appling Continues to Make it Harder to Exempt a Debt From Discharge Debts incurred by making intentional false representations are generally
Discharge Debts incurred by making intentional false representations are generally exempt from a debtor’s discharge in bankruptcy.
Failure to Timely Dissolve Garnishment After Bankruptcy Filing Leads to Automatic Stay Violation
Automatic Stay Violation A creditor was found to have willfully violated the automatic stay by failing to dissolve a pre-petition writ of garnishment.
Judge Godoy Exempts From Debtor’s Discharge Debts Triggered by Divorce Decree Which Originated Under Prenuptial and Postnuptial Agreements It
Decree Which Originated Under Prenuptial and Postnuptial Agreements It is often said that the purpose of the Bankruptcy Code is to provide the “honest...
Eligible Small Business Corporate Debtors Exempt From Nondischargeability Determinations A non-individual small business debtor proceeding under
Nondischargeability Determinations A non-individual small business debtor proceeding under Subchapter V of Chapter 11 of the U.S.
Debtor’s Failure to Explain Loss of Assets Leads to Denial of Discharge
Two debtors were denied a discharge under Section 727(a)(5) of the Bankruptcy Code after failing to satisfactorily explain the loss of $446,897.00...