From the Editor – Discharge Injunction

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 court whose discharge order created the injunction.” This Circuit adopted “the language of the Second Circuit that returning to the issuing bankruptcy court to enforce an injunction is required at least in order to . . .

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Critical Case Comment – Present Tense in § 544(b)

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