Displaying Journal Articles with Tags Discharge/Dischargeability

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eight…

Navigating the Intersection of §§ 507 and 523: Understanding the Priority and Dischargeability of Governmental Debts By Trish D. Lazich and Kristin Radwanick Bankruptcy is a complex legal landscape. The Bankruptcy Code is particularly compl…

Return of the Living Claim By Brittany M. Woodman What is “zombie debt” (also referred to as stale debt)? Some have defined it as debt that is not recognized as discharged following a bankruptcy — although the debt is no longer legally enfo…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Supreme Court Finds No Authority for Nondebtor Third-Party, Nonconsensual Releases In Harrington v. Purdue Pharma LP , 1 the U.S. Supreme Court reversed the Second Cir…

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corpor…

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Preference Claims Under § 547 Are Estate Property and May Be Sold Joining the Eighth and Ninth Circuits, 1 the U.S. Court of Appeals for the Fifth Circuit held that cl…

2023 Legislative Roundup By Brittany M. Woodman Compared to 2022, 2023 saw an 18 percent increase in total bankruptcy filings. 1 While bankruptcy filings increased and U.S. Supreme Court decisions hoped to deliver clarity among circuits, pr…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’…

Recognition of Income-Based Repayment of Student Debt in Disposable Income By Michael Polkoff Student loan debt has generated significant discourse on how it should be treated during bankruptcy, 1 yet the income-based-repayment (IBR) altern…

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently rule…