Courts typically apply the Brunner test to determine "undue hardship" when faced with a debtor with student loan debt, yet two recent decisions seem to have softened the harshness of § 523(a)(8).
Most Recent Flipbooks
Navigating Health Care Insolvencies
Health care insolvency cases are unique creatures, involving unique statutes and inherent unpredictability. The only certainty in a health care case is that there will be uncertainty.
Privacy Protection and Data Security in Health Care-Related Bankruptcies
Among the most important considerations in any bankruptcy case, protecting privacy and safeguarding data becomes exponentially more complex in cases involving health care institutions.
Order's Up! When Restaurant Restructurings Get Complicated
Although restaurant-related revenue has climbed, same-store sales have been in decline over the past several years due to the oversupply of restaurants in the U.S.
Leveraged Credit Markets Hold Firm
A decade between default cycles is a long time, but despite repeated warnings from highly respected market-watchers, leveraged credit markets continue to roar.
UpRight: A Cautionary Tale of a National Consumer Law Firm
Consumers are turning increasingly to the internet to find legal representation, but problems arise when those employing the tools of modernity disregard the continuing duties of bankruptcy lawyers.
10 Common Causes of Distress
This article outlines 10 of the key internal reasons why a company’s financial condition can deteriorate, which often results in bankruptcy.
"Fresh Start" Principles Defeat Mandatory Arbitration Clause
Second Circuit rules that a creditor cannot force into arbitration claims that it violated the discharge injunction.
The rapid increase in the use and consumption of bitcoins is undeniable. Given the volatility of the bitcoin market, a large fluctuation bitcoin value could cause a surge in bitcoin-related filings.
Liberating Debtors from "Sweatbox" and Getting Attorneys Paid: Bifurcating Chapter 7 Engagements
Chapter 7 attorneys’ fees are not an administrative expense, and attorneys fear that unpaid, pre-petition fees are subject to the automatic stay and discharge.
With Notice Comes Responsibility
Authored by one of our inaugural class 40 Under 40 Honorees: Direct payments to creditors are payments “under the plan” and required for debtor to be granted § 1328(a) discharge.
Merit – Safe-Harbored No More
Authored by one of our 2017 40 Under 40 Honorees: In the Merit case, the Supreme Court found that the safe harbor did not apply if a "financial institution" is a "mere conduit" for a transfer.
Check Engine: Rules of the Road to Navigate Upcoming Auto Distress
The automotive industry faces an overhaul like nothing it has ever experienced. Short- and long-term challenges in the industry will likely result in a number of suppliers having to be restructured.
Cramdown for Unsecured Creditors: Since When Does "Best Interests" Mean Less Interest?
A chapter 11 debtor cannot allow its equityholders to retain their interests while cramming down a class of unsecured creditors with payments that omit adjustments for risk.
The Coming U.S. Farm Crisis
The agricultural sector is again struggling, and circumstances have begun to resemble those faced by farmers in the early 1980s.
Foreclosure Tuesday in Georgia
All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.
The Effect of Tax Reform on Debt Discharged in Chapter 11
The Tax Cuts and Jobs Act of 2017 may have a significant impact on after-tax cash flow in the years following an emergence from chapter 11.
Are Bankruptcy Courts Sanctioned to Sanction?
U.S. bankruptcy judges are statutory creatures under the Constitution. Because they lack attributes of their Article III counterparts, there are always questions about the reach of their authority.
Fees-on-Fees Retention Provisions Might Be Circling Back This Way
On Sept. 20, 2017, for the first time post-ASARCO, a bankruptcy court approved a “fees-on-fees” retention provision for an estate professional.
Music Festival Insolvencies: What Happens When the Music Stops?
How hard could running a music festival be? What could go wrong? As it turns out, plenty. This article focuses on 4 recent festival bankruptcies as case studies.
When Tax Claims Can Tip the Scales: Expanding the Look-Back Period on Fraudulent-Transfer Claims