Consumer Debt

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy By Carissa Sterling 1 The Department of Justice (DOJ), in coordination with the Department of Education (DOE), has released new guidance on the process through which DOJ attorneys

Ownership Issues in Crypto Cases

Ownership Issues in Crypto Cases By Justin Bernbrock, Jennifer Nassiri and Pouneh Almasi 1 Since the so-called “crypto winter” hit the industry in May 2022, several major crypto companies have filed for bankruptcy. 2 Given the unique nature of digital assets such as

Benchnotes April 2023

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

A Brief History of Student Loan Treatment in Bankruptcy Cases

A Brief History of Student Loan Treatment in Bankruptcy Cases By Maurice “Mac” VerStandig As the 118th Congress begins its work, a blend of campaign promises 1 and previous legislative introductions 2 offer every reason to believe that the dischargeability of student

When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy

When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy By Steven J. Boyajian and Andrew A. DePeau The Equal Access to Justice Act (EAJA) provides litigants with the right to recover attorneys’ fees and costs after prevailing on claims

ABI’s CPEX Conference: How a Crazy Idea Came to Life

ABI’s CPEX Conference: How a Crazy Idea Came to Life By David P. Leibowitz In the spring of 2021, we were isolated and in the throes of the COVID-19 pandemic. Courts were closed. Professional meetings were impossible. Bankruptcy in general and consumer bankruptcy in