Displaying Journal Articles with Tags Discharge/Dischargeability

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack District Court Finds that Free-and-Clear Sale Orders Have No Impact on a Purchaser’s Successorship Obligations Under NLRA The U.S. District Court for the District of D…

Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships By Megan W. Murray Guaranties can be the lifeblood of loans, often adding credit support to a lender, which makes all the d…

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. …

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 …

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…

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…

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 Consumer Bankruptcy Reform Act: The Uncoupling of Debts By Brittany M. Woodman The Consumer Bankruptcy Reform Act (CBRA), originally introduced in December 2020, was reintroduced in September 2022 by Sen. Elizabeth Warren (D-Mass.) and …

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Supreme Court Holds that § 363(m) Does Not Create Jurisdictional Bar; Side-Steps Mootness Issue Under 11 U.S.C. § 363(m), absent a stay of an order approving a sale or…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(…