523

After Bartenwerfer, What Is an “Honest Debtor”? By Kaila D. Spivey The Bankruptcy Code provides a fresh start to the honest-but-unfortunate debtor. 1 An “honest debtor” is one who accurately discloses necessary information and abides by the Code. 2 However, after the U

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.

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(b)(1)(A) of the Bankruptcy

Bankruptcy Judge Christopher Klein provides authority for student loan debtors who win in bankruptcy court but face an appeal aimed at the trial court’s fact-findings.

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly profitable but litigation