From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)

Post-discharge collection attempts of domestic support obligation did not violate discharge injunction. The Bankruptcy Appellate Panel held that the Missouri Department of Child Support Enforcement could not have violated the discharge injunction in a Chapter 13 case, because the discharge specifically excepted § 523(a)(5) domestic support obligations. The bankruptcy court had found that the child support debt had been fully paid and that the Department was in contempt for its collection effort, but the majority of the Bankruptcy Appellate Panel held that “discharge injunction does not apply . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

rummler
May 21, 2023
(The DuPage County Bar Association grants permission to reprint all or part of this article, Chapter 13 Saves the World! by Arthur Rummler, Volume 29, Issue 9, May 2017 edition of the DCBA Brief. Copyright 2017, DCBA Brief, All Rights Reserved.) We are pleased to reprint an article referred to recently by Director Twomey of the Executive Office for United...
June 14, 2020
By Cathy Moran, Esq. (Redwood City, CA) One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you’re smart, an experienced...
Consumer Bankruptcy Education
May 4, 2025
Our SIXTH podcast episode just dropped!
boltz2
June 9, 2024
Attorney Boltz shares a summary of a new study which looks at the Supreme Court ruling that noncollusive, regular foreclosure sales aren't voidable by a bankruptcy trustee, but collusive or irregular sales can be challenged by unsecured creditors, who can cloud the title if fraud is involved. The study explores when these sales can be avoided.
Members
joseph 12-2024
February 23, 2025
When siblings clash over inherited property or other co-owners get crosswise, § 363(h) provides a powerful tool to resolve disputes, force sales, and bring finality to long-standing family battles over ownership.
Members
July 14, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...
Members
bonapfel2
December 8, 2024
The Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces an extensive outline on Subchapter V. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!
image
May 11, 2025
We are sorry to report that Bankruptcy Judge David T. Thuma passed away on Thursday, May 8, after fighting a courageous battle with cancer.
August 2, 2020
By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...
Members
December 13, 2020
By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH) Senator Elizabeth Warren (D. Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D. N.Y.) have introduced the Consumer Bankruptcy Reform Act of 2020. Introduction of the Act is only the beginning of the legislative process, and no action toward enactment...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: