Discharge/Dischargeability

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

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

D.C. Circuit Jan 11, 2023

Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13

Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.

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

2nd Circuit Jan 4, 2023

Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans

The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.