Balance 101: Recalibrating the Student Debt Relationship By Ryan M. Deutsch Over the years, Congress has implemented various pieces of legislation amending the legal framework applied in the dischargeability analysis for student loan debt. …
Legislative Highlights Senate Judiciary Hearing Spotlights “Texas Two-Step” in Chapter 11 The Senate Judiciary Committee held a hearing 1 on Sept. 19 titled, “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy.” Witness…
Legislation Introduced to Cap Credit Cards’ Annual Percentage Rate Sen. Josh Hawley (R-Mo.) introduced the “Capping Credit Card Interest Rates Act” on Sept. 12 to cap the interest rate for credit cards at a “common-sense level” of 18 percen…
Exceptions for Discharge Under Chapter 7 By Jessica M. Kincaid and Jonathan S. Hawkins Debtors who file for chapter 7 are normally entitled to a discharge of unsecured debts. Certain debts may not be discharged, however, including any debt …
Think First and File Later: Pitfalls in Claims Litigation By Amelia Martin Adams Almost everything filed in bankruptcy cases bears a signature or affirmation. Documents signed in ink or digitally with an /s/ certify the signatory’s approval…
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Court Establishes Framework for Determining Ownership Rights in Social Media Accounts The U.S. Bankruptcy Court for the Southern District of Florida recently considere…
Eligible or Ineligible Debt? Further Developments in the Definition of the Subchapter V Debt Limitation By Hon. Elizabeth L. Gunn and Don Mago Editor’s Note: ABI’s Subchapter V Task Force, launched in April, is studying practitioners’ exper…
Consumer Bankruptcy and Capitalist Exploitation By Dr. Michael D. Sousa Editor’s Note: This is an opinion piece and only reflects the viewpoints of the author. In Capital Volume I , German philosopher and economist Karl Marx unpacked the dy…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Bankruptcy Court Limits Bartenwerfer to Partnership or Agency Debts, Finding It Inapplicable to Fraudulent-Transferee Liability Can the recipient of a fraudulent trans…
The Federal Pause on Student Loan Payments Is Set to Expire. How Might Bankruptcy Fill the Gap? By Joy Kleisinger and Hayley Mullen The COVID-era pause on student loan payments and interest will finally come to an end after eight extensions…