Judge Gargotta Nixes Non-Dischargeability Claim Against Corporate SubV Debtor


 Distinguishing a precedent from his own district and disagreeing with the Fourth Circuit, Judge Craig Gargotta has ruled that non-dischargeability only applies to human Subchapter V debtors. Adv. No. 22-5052, Avion Funding, LLC v. GFS Industries, LLC (Bankr. W.D. Tex. 11/10/2022).  The decision can be found here.


Republican Tax Plan May Expand Dischargeability of Private Student Loan Debt

In an application of the law of unintended consequences, the Republican plan to eliminate the deduction for student loan interest may render private student loans subject to discharge in bankruptcy.  

Can't We All Just Even Give Up?


Bankruptcy Judge Wallace of theCentral District of California (Riverside Division), recently entered a MemorandumDecision which declined to approve the settlement of a dischargeability actionfiled by a finance company against a pro se debtor.  The Memorandum Decision in First Mutual Sales Finance v. Cacciatori,2012 WL 539783, (C.D. Cal.


Would You Buy a Used Car From This Man?


A recent unpublished decision by BankuptcyJudge Mann of the Southern District of California is a good quick resource for briefingdischargeability actions in her courtroom. In Whited v. Galindo, 2012 WL345942 (Feb. 1, 2012), S.D. Cal. Adv. No.


District Court Takes on Responsibility of Defining Dischargeable Environmental "Claims"


The ongoing debate about the treatment of cleanup orders in bankruptcy looks to be getting a lot more interesting in the Second Circuit.