From the Editor – Discharge and Dischargeability

By The Honorable William Houston Brown (Retired)

Failure to comply with divorce obligations was willful and malicious injury. Chapter 7 debtor’s repeated refusal to comply with divorce decree’s requirement for him to transfer marital assets to his ex-wife was a willful and malicious injury for purposes of § 523(a)(6). There was an objective substantial certainty of harm to the former spouse by the debtor’s failures. Shankle v. Shankle (In re Shankle), ___ Fed.Appx. ____, 2014 WL 486208 (5th Cir. Feb. 7, 2014).

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The Honorable William Houston Brown . . .

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Here Comes the Sun—and the Lawsuits

Mark C. Leffler

July 26, 2026

Consumer bankruptcy lawyers are seeing clients with solar panel debt. In Part 1 of his article, Mark Leffler provides a background for multi-district class action litigation in Minnesota and other enforcement actions by Attorneys General in Minnesota and Virginia concerning the financing of rooftop solar panels. Part 2 of his article will appear next week, and in that Part the author examines legal issues underlying the fraud claims in the litigation.

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The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

June 23, 2019

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) Let’s take the following set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. The case is In re Lozada (Lozada v. Educational Credit Management Corporation), 594 B.R. 212 (Bankr. S.D. N.Y. 2018). Years ago (30...

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Volunteering is Great But Not If You Expected Payment

Henry E. Hildebrand, III

June 9, 2024

Although Acevedo does not prohibit the court from entering an order ex post facto, to obtain an order authorizing employment of a professional effective from the date of filing application, must be based upon compelling and unusual circumstances.

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The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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From the Editor – Discharge Injunction

May 31, 2020

By The Honorable William Houston Brown (Retired) Only bankruptcy court issuing discharge order can enforce injunction. The Fifth Circuit held that only the bankruptcy court issuing a discharge order has authority to enforce the discharge injunction. The opinion reviews pre-2005 Code provisions and current 28 U.S.C. § 1963, citing other Circuits that “have insisted on a return to the bankruptcy...

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Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

April 4, 2021

The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

February 10, 2019

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) Courts around the country are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).1...

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Electronic Filing Scam Targets Attorneys – NEW INFORMATION

The Academy

November 10, 2024

You may have seen notices that courts across the country have received reports of suspicious emails going to attorneys and law firms purporting to be NEFs. These emails are fraudulent and did not come from the Court. Please do not click on any links or files contained within these emails. Please note that a few courts have reported the phishing emails...

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The Academy

December 29, 2024

How Much Is That Doggy in the Window? The One with the PMSI?

Ryan Blay

February 16, 2025

Canine Collateral. Paws and Claws. A legal tail. The puns are endless but Attorney Blay shares how he resolved the growing issue of a debtor’s pet being used as loan collateral while also highlighting the quirks of pet financing in bankruptcy cases.

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From the Editor – Discharge and Dischargeability

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Related Articles

Here Comes the Sun—and the Lawsuits

The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

Volunteering is Great But Not If You Expected Payment

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

From the Editor – Discharge Injunction

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

Electronic Filing Scam Targets Attorneys – NEW INFORMATION

Happy New Year

How Much Is That Doggy in the Window? The One with the PMSI?

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