Settlement Does Not Mean Nondischargeability Claims are Dead
Written by Dennis R. Dow

In the recent case of Archer v. Warner, 123 S.Ct. 1462, 155 L.Ed2d 454 (2003), the Supreme Court reversed the Fourth Circuit Court of Appeals and found that a claim based on payments due under an agreement resulting from the settlement of fraud claims can retain its status as a nondischargeable debt. The fact that the debt was reduced to a payment under a settlement agreement did not change the character of the debt for nondischargeability purposes.
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Winter Leadership Committee Meeting to Address Chapter 13 Issues

The agenda for the meeting of the Consumer Bankruptcy Committee at the Winter Leadership Conference features a discussion of various issues relating to the treatment of secured claims in Chapter 13. Topics to be discussed include treatment of arrearages and ongoing payments pursuant to the plan, discharge of the secured creditor’s claim and the role of the bankruptcy court in post-discharge disputes with the mortgagee, the appropriate rate of interest for payment of secured claims under chapter 13 plans and resolution of conflicts between the plan treatment of claims and the secured creditor’s proof of claim. The discussion of chapter 13 cramdown interest rates, an issue on which the Supreme Court has recently granted certiorari, will focus on the differing approaches reflected in certain circuit court decisions, including the Sixth Circuit’s decision in Kidd and the Seventh Circuit’s decision in Till. The principal presenter will be Judge Thomas Waldron of the Southern District of Ohio.