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
USTP Working on Updating J. Alix Protocol
The U.S. Trustee Program has been reaching out to stakeholders to discuss how to update the J. Alix Protocol for CROs without disturbing its essential features.
The Changing Profile of Chapter 7 Debtors
It is not exactly news to the bankruptcy community that filings have fallen sharply in recent years. This article examines how the profiles of chapter 7 debtors have also changed during this period.
When Can an Attorney Advise Incurring More Debt?
A recent decision from the Eleventh Circuit illustrates that there is one type of advice to incur debt that is never permissible.
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.
Afghanistan Insolvency and Bankruptcy Law, 2018
While there had been provisions in Afghanistan law that dealt with insolvency, they were generally unknown even among lenders. Thus, Afghanistan needed a new bankruptcy law.
The Trustee and the Bitcoin
Is cryptocurrency capable of being recovered by a bankruptcy trustee? This article explores what worldwide strategies trustees can employ to recover cryptocurrency as a bankruptcy estate asset.
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.
Foreclosure Tuesday in Georgia