Affairs of State

Discharging Health Education and Other Government-related Student Loans

Questions concerning what relief the Bankruptcy Code affords to persons seeking to discharge their government-related student loans are, in all likelihood, a common topic of discussion between most potential debtors and their bankruptcy counsel. While most bankruptcy

Judicial Estoppel and Employment Discrimination Claims in Bankruptcy

The forthcoming bankruptcy legislation poses considerable challenges for bankruptcy practitioners. There is little in the way of legislative history, and many commentators have noted the amended Code's lack of clarity and precision in a number of amendments. There is

Preferential First-day Orders Same Question Different Look

Several years ago, this column addressed the then-growing tendency of bankruptcy courts to enter "first-day orders" allowing debtors to make post-petition payments on account of pre-petition unsecured employee wage claims over and above the priority limit established in

The Duty to File Tax Returns under BAPCPA

Although anecdotal, many Department of Justice and Internal Revenue Service attorneys who practice bankruptcy would most likely state that one of their largest complaints with the previous version of the Bankruptcy Code was their inability to enforce tax compliance