dischargeability

Judge Gargotta Nixes Non-Dischargeability Claim Against Corporate SubV Debtor

11/28/22

 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.

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Republican Tax Plan May Expand Dischargeability of Private Student Loan Debt

11/04/17
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.  
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Can't We All Just Even Give Up?

02/24/12

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.

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Would You Buy a Used Car From This Man?

02/12/12

A recent unpublished decision by BankuptcyJudge Mann of the Southern District of California is a good quick resource for briefingdischargeability actions in her courtroom.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.

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

04/15/10

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

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