Discharge/Dischargeability

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 on Sept. 1, 2023. 1 The

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 transfer discharge the claim in

A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’

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 lease of bankruptcy estate

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 Rep. Jerrold Nadler (D-N.Y.)

An election for having a tax refund applied to the following year’s taxes can result in the loss of discharge.

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