The 6th Circuit To Determine Whether the Debtors’ Post-Petition Application of Their Tax Refund to Future Tax Liabilities is Per Se Intent to Hinder a Trustee Justifying a Denial of Discharge

Posted by Jim Haller - July 31st, 2024

The Sixth Circuit in Wylie v Miller is reviewing the decision of the District Court for the Eastern District of Michigan. The district court reversed the bankruptcy court’s decision, holding that the bankruptcy court erred in applying a per se rule that the debtors’ post-petition application of their tax overpayment to future tax liabilities constituted an intent to hinder the trustee. Read More

4th Circuit Holds a Deferred Entry of Conviction by Probation Before Judgment is Non-Dischargeable as a “Conviction” Under Section 1328(a)(3)

Posted by Jim Haller - June 28th, 2024

In In re Feyijinmi, the 4th Circuit held that a debt for restitution ordered as part of a criminal conviction is nondischargeable under 11 U.S.C. § 1328(a)(3), even if the conviction was expunged or the restitution was later converted to a civil matter. Additionally, the State’s characterization of the debt on its proof of claim as “court fees” did not change its nondischargeable nature. Read More

Bartenwerfer v. Buckley, No. 21-908 (USSCt)

Posted by NCBRC - August 10th, 2022

Type: Amicus
Date: July 26, 2022
Description: Whether a bankruptcy debtor can be held liable for another person’s fraud, which cannot be discharged in bankruptcy, even when she was not aware of the fraud.
Result: Pending

Bartenwerfer SCt NCBRC Amicus

Bankruptcy Court holds Debtor is Entitled to Chapter 13 Discharge even if Co-Debtor is Delinquent on Post-Petition DSO Payments

Posted by NCBRC - 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.

Husky International Electric v. Ritz, No. 15-145 (USSCt)

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

In re Su, No. 01-55656 (9th Cir. 2002)

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

AT&T Universal Card Services v. Mercer, No 98-60693 (5th Cir.)

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

Kawaauhau v. Geiger, No. 97-115 (USSCt)

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