Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Another Court Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.
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Fifth and Fourth Circuits Hold that Debts in Sub V Can Be Nondischargeable
Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.
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An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code
Biden’s Student-Loan Plan Seeks to Slash Debt for 30 Million Americans
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Biden to Make Second Attempt at Large-Scale Student Loan Forgiveness
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Evidence of Intent to ‘Hinder’ Wasn’t Sufficient to Deny Discharge, District Judge Says
The bankruptcy court’s inference of intent to hinder the trustee wasn’t supported by the evidence, the district judge says in reversing a denial discharge.
Offensive Appellate Rights May Be Sold, but Maybe Not Defensive Appellate Rights
State laws differ on whether defensive appellate rights are estate property that may be sold.
For No Notice in an ‘Asset’ Case, the Entire Debt Is Not Discharged, the Ninth Circuit Says
The Ninth Circuit explains why the debt owing to a creditor without notice is discharged in a ‘no asset’ case but not in an ‘asset’ case.
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Benchnotes May 2024
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