Making Amends in Chapter 13: Why Davis Should Cause You to Take Action

By Alexander Schmidt, Law Clerk to The Honorable John P. Gustafson, United States Bankruptcy Court Northern District of Ohio, Western Division (Toledo, OH)

While the requirement of full and honest disclosure is a cornerstone of the bankruptcy process and a key component of a debtor’s eligibility for discharge of their debts, a rigid, formulaic approach can lead to harsh results that look more like punishment than mere enforcement of a rule. Such was the case in a recent unpublished opinion out of the Sixth Circuit Court of Appeals, a case in which a debtor’s failure to . . .

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