By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...
From the Editor – Discharge Injunction
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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 . . .
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