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
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
This article provides a base level of familiarity through a brief discussion of recent cases addressing debtor eligibility and foreign case recognition concepts under chapter 15.
When a Seized Vehicle Is Returned to the Chapter 13 Debtor
One of the significant unresolved issues in consumer bankruptcy law is the right of a chapter 13 debtor to obtain the return of a vehicle seized before the bankruptcy was filed.
Are Tiered Chapter 13 Plans Permitted by the Bankruptcy Code?
Does the Bankruptcy Code permit tiered chapter 13 plans? Bankruptcy courts are divided, and even courts within the same federal districts have reached different results.
Chapter 11's New Hidden Cost
The landscape of the restructuring process under chapter 11 has undergone substantial changes in recent years, rendering rare what was once perceived as the “traditional reorganization case.”
Tax Cuts and Jobs Act and Bankruptcy Estate Taxes
The Tax Cuts and Jobs Act is the largest tax law overhaul since 1986, and trustees, debtors and their professionals should be aware of how these changes might affect bankruptcy estates.
The Challenge of the New Farm Crisis
Rising interest rates coupled with reduced income and increased debt suggests that some farmers might not be able to repay debt in future years.
Have We Hit Another Energy Downturn?
With U.S. oil production soaring to an all-time high and WTI crude plunging to its lowest closing price since mid-2017, it is time to consider whether another energy downturn has begun — or resumed.
When Consumers Are Too Broke for a Fresh Start