Posted by NACBA - February 15th, 2019
A bankruptcy court recently reviewed the issue whether a debtor can receive a discharge under § 1328 even if her co-debtor husband is delinquent on a post-petition DSO payment. The court examined the requirements for discharge using the plain language of § 1328(a).
In this case the debtors, Mr. and Mrs. Hernandez, filed a joint chapter 13 bankruptcy. At filing neither owed a DSO. Approximately two years into their confirmed plan, Mr. Hernandez became liable for a DSO and subsequently fell behind in those payments. Both parties were aware of the DSO and neither reported the delinquency to their attorney nor the trustee.
After completion of the plan payments, Mrs. Hernandez moved for entry of discharge pursuant to 11 U.S.C. § 1328(a). The Trustee objected arguing Mrs. Hernandez was unjustly enriched and that failure to amend the plan demonstrates bad faith. No party disputed that all plan payments were made.
To read more and access the opinion click here.
Posted by NCBRC - March 3rd, 2016
Type: Amicus
Date: January 25, 2016
Description: Whether section 523(a)(2)(A)’s exception to discharge for “actual fraud” requires that the debtor make a false representation to the creditor or may be established through fraudulent conveyance.
Result: Reversed and remanded, May 16, 2016
Husky International SCt opinion 2016
Ritz SCt NACBA Amicus Jan 2016
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: July, 2001
Description: Whether Geiger requires application of an objective substantial certainty test for “willful and malicious injury” exception to discharge.
Result: Affirmed. Debtor won. 290 F.3d 1140 (9th Cir. 2002)
Brief Opinion
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: September 8, 2000
Description: Justifiable reliance in credit card dischargeability.
Result: Reversed. Debtor lost. 246 F.3d 391 (5th Cir. 2001)
Brief Opinion
Posted by NCBRC - September 1st, 2011
Type: Amicus
Date: October 20, 1997
Description: Application of “willful and malicious injury” exception under section 523(a)(6).
Result: Affirmed. 523 U.S. 57, 118 S.Ct. 974 (1998)
Brief Opinion
