This panel examines three of the most common adversary proceeding subjects arising in bankruptcy practice: student loan discharge actions, including current guidance governing partial and total agreed discharges; fraud claims under 11 U.S.C. § 523(a)(2) and (a)(4); and claims for willful and malicious injury under 11 U.S.C. § 523(a)(6). The panelists provide a broad overview of the scenarios in which each type of action typically arises and highlight the factual and evidentiary issues practitioners should be prepared to address, whether representing a debtor or a creditor.
Learning Objectives:
- Attendees will summarize the scenarios in which student loan discharge actions typically arise, including current guidance governing partial and total agreed discharges.
- Attendees will identify the elements and evidentiary requirements for fraud claims under 11 U.S.C. §§ 523(a)(2) and (a)(4).
- Attendees will evaluate the factual and legal issues relevant to claims for willful and malicious injury under 11 U.S.C. § 523(a)(6), whether representing a debtor or a creditor."