Punitive damages - the dischargeability debate continues
Article Abstract:
The courts have been inconsistent concerning whether punitive damages are nondischargeable under Bankruptcy Code section 523(a) because of conflicts between the fresh start policy and punitive damages as punishment for wrongdoing. However, the belief that punitive damages can be discharged is misguided because the fresh start policy does not cover all bankrupt persons but rather only the honest debtor. Therefore, punitive damages should not be discharged to enable a fresh start since they are a penalty for wrongdoing and to discharge the debt would be to condone the wrongdoing.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1995
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Bankruptcy for gamblers: the questions of fraudulent intent, dischargeability, and remedial policy in credit card cash advance cases
Article Abstract:
Gambling debt incurred with the use of credit cards has created special problems for creditors and bankruptcy courts. Creditors can claim debtors fraudulently used a credit card, but proving intent is difficult. Intent may be best measured by debtor's ability to pay. The social problems created by credit card gambling debt may at times be better solved by other areas of law, including those which regulate cash and credit card access.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1997
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The dischargeability of CERCLA cleanup costs incurred after bankruptcy
Article Abstract:
The costs of pollution cleanup should be assigned to a debtor in bankruptcy. The 1980 Comprehensive Environmental Response, Compensation and Liability Act does not forgive bankruptcy, and neither should the courts. The costs should not be forgiven even if a debtor fails to notify the Environmental Protection Agency of the total liability claim.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1992
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