Topic
Discharge
13 published works
The Bankruptcy Soap Box
Inclusion in Bankruptcy Doesn’t Equal “Discharged”
By Cathy Moran
Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. The struggle often seems Herculean. Sometimes, they will…
The Bankruptcy Soap Box
Can My Bankruptcy Discharge Be Denied?
By Cathy Moran
Bankruptcy law presumes that a debtor will get a discharge in a properly filed case. The few reasons a discharge may be denied are spelled out in the Bankruptcy Code.…
Credit Report
Are Subchapter V Corporate Debtors Subject to the §523(a) Exceptions to Discharge?
By Katharine Clark, Joseph Orbach, Aleksandra Abramova
BackgroundCongress passed The Small Business Reorganization Act of 2019 (the “SBRA”) for small businesses, currently defined as debtors with less than $7.5 million in debt. SBRA created a new Subchapter…
Plan Proponent
Back to Basics and the 1990s – Does the Discharge Include Alter Ego Claims?
Every once in a while, we encounter a case that forces us to ponder the potential breadth of the bankruptcy discharge. In re Lombard Flats, LLC, a Northern District of…
Texas Bankruptcy Blog
The Typical Chapter 7 Timeline
By Bryan Fears
A lot of my clients have not previously filed for bankruptcy. One of the most common questions is gaining an understanding of the general timeline and process of your typical…
Texas Bankruptcy Blog
Tax Debt Tolling
By Bryan Fears
Despite common myths, personal taxes are dischargeable in bankruptcy, but only if the following conditions are satisfied: The taxes are income taxes; There is no evidence of fraud or willful…
Texas Bankruptcy Blog
The Most Important Document in Chapter 7 Bankruptcy
By Bryan Fears
A Chapter 7 bankruptcy case is also called a “straight” bankruptcy. The idea is that the debtor does not have enough income to pay creditors over a reasonable period of…
Texas Bankruptcy Blog
What Happens at the End of a Chapter 13 Bankruptcy?
By Bryan Fears
After completing a Chapter 13 repayment period that lasts a minimum of three years and a maximum of five, most debtors receive a discharge from the bankruptcy court. Section 1328…
Texas Bankruptcy Blog
Who is a Good Candidate for Chapter 7 Bankruptcy?
By Bryan Fears
A person or family whose primary financial difficulty stems from excessive, unsecured debt (i.e., credit cards, medical bills, civil judgments, signature loans, etc. ) is a usually a good candidate…
Energy & Environmental Law Blog
NPDES Discharge Permit Not Needed for Discharges of Pollutants from Unimproved to Improved Portions of the Same Waterway
By Kristin Watt
On January 8, 2013, the U.S. Supreme Court held that a discharge of polluted water from an improved (concrete lined) portion of a waterway into an unimproved (natural condition) portion…