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Student Loan Debt Holders Finding Relief
Thanks to a Federal Education Department and Department of Justice collaborative initiative launched in November 2022, borrowers can more easily discharge their student loans through bankruptcy. I've advocated for this simple fix for years, and I'm glad to see it in action, finally.
Three Things Bankruptcy Trustees Should Know About Due Diligence in Preference Litigation
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
Courts Issue Increasing Number of Distressed Real Estate Decisions as Filings Increase
We are reporting on two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
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Texas Litigators’ Guide to Departing Employee Cases 2018
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Logistics Industry Bankruptcy Cases: Yellow Corporation, Western Global Airlines
This issue of the Bankruptcy Update focuses on recent logistics industry bankruptcy cases of Yellow Corporation and Western Global Airlines.
Litigators of the Week: A Bankruptcy Win for Sandy Hook Families Against Alex Jones
Lawyers for families of those killed in the 2012 school shooting won rulings finding that litigation debts Jones accrued through "willful and malicious injury" to their clients cannot be discharged through bankruptcy.State Court Foreclosure Receiver Required to Return Possession of Real Property to Chapter 11 Debtor
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
To Reinstate or Not To Reinstate Debt? That Is the Question in a Rising Interest Rate Environment
This article provides an overview of reinstatement, explores the facts that led the 'Charter' court to allow reinstatement and the 'Young Broadcasting' court to reject it and explains how the rising interest rate environment may affect Chapter 11 plan confirmations.
Former Big Law Partner Pleads Guilty to Making False Statements in His Personal Bankruptcy Case
U.S. District Judge Analisa Torres took the guilty plea from ex-lawyer John Roesser, who was a partner at a series of major firms.TRENDING STORIES
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Revenue, Profit, Cash: Managing Law Firms for Success
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Law Firm Operational Considerations for the Corporate Transparency Act
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