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
Restructuring a Distressed Health Care Portfolio Company
In recent years, PE investment in physician practices and health care has notably increased, which could lead to an increasing amount of restructurings for PE in the complicated world of health care.
How the USTP Plans to Implement HAVEN Act, SBRA
As the SBRA and HAVEN Act represent substantial changes to bankruptcy law and practice, teams of EOUST personnel are working to recommend changes to the USTP’s practices and to identify legal issues.
Beware of Potential Damages When Filing an Involuntary Petition
Commencing an involuntary bankruptcy case against an adversary could result in severe consequences to a petitioning creditor in the form of attorneys’ fees, compensatory damages and punitive damages.
24-Hour Prepacks
Much quicker and generally less expensive than traditional chapter 11 filings, prepackaged chapter 11s (prepacks) have been on a steep rise in the last few years — as have “super speedy prepacks.”
Toxic Tort Claims in Bankruptcy
Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets.
In Valuation, Should Management Be Believed?
Management often has familiarity with a company’s operations, competitors, opportunities and challenges. However, valuation experts shouldn't blindly accept the projections management produces.
Arbitrability of Student Loan Dischargeability
In their first years of coexistence, the Bankruptcy Code and Federal Arbitration Act (FAA) rarely, if ever, intersected, but the explosion in student loan debt has finally led to their entanglement.
How Long Will Bankruptcy Filings Remain Stable?
While filing levels have been relatively unchanged for the last several years, in the bankruptcy world large annual swings in filings are far more common than periods of stability.
Climate-Change Claims in Bankruptcy Courts
In In re Peabody Energy Corp., the district court affirmed the bankruptcy court’s finding that causes of action to hold a coal company responsible for climate change were discharged in bankruptcy.
When Pets Are Collateral for Secured Loans
Although animal lovers might not want to believe it, it is possible for pets in the U.S. to be seized and sold for debt repayment.
How the Bankruptcy Code Disserves Those Who Have Served
Veterans compensation is complex.Proper representation for veterans will give them the best opportunity for success and might avoid bankruptcy altogether.
Words of Caution for Leveraged Lenders
While economists and policymakers debate over the fragility of the global financial system, one thing is certain: Credit markets remain inundated with low-cost capital looking for gainful returns.
Navigating Banking in Bankruptcy, according to this recent review, is a useful resource to both business and consumer practitioners, as well as banking professionals.
Direct-Payment Defaults Can Forestall Chapter 13 Discharges
Debtors might lose their home or car after stay relief during their case, but they keep making their chapter 13 plan payments, expecting to receive a discharge that might not happen.
OPEC Nations' Struggles Could Impact World Economy
All but two OPEC member nations are on a collision course with financial ruin, and this could potentially impact the world economy.
Think Twice Before Invoking Involuntary Bankruptcy
Much like the proverbial barking dog who chased the car and caught it, petitioning creditors should consider what could happen when using involuntary petition as a debt-collection tool.
Marijuana: From Greenhouse to Courthouse
Because bankruptcy is a federal remedy, courts have been reluctant to grant relief to debtors involved with marijuana, but recent cases suggest that the tide might be turning.
What Do You Do When Your Anchor Store Sinks?
What do bankruptcy courts do when a debtor tenant fails to fulfill lease obligations as required under § 365(d)(3)? Landlords have found themselves with unsatisfactory remedies, or no remedy at all.
Chapter 13 Discharge Rates
The success of the chapter 13 bankruptcy statute is unquestioned by those who work in this area of law daily, and many stakeholders benefit from successfully completed cases.
A Primer on the Chapter 15 Global Chess Game