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Not All Student Loans Are Created Equal - Some May Be Dischargeable in Bankruptcy

USA - August 6 2021 On July 15, 2021, in the Homaidan opinion, the Second Circuit joined the Fifth and Tenth Circuits in deciding that certain student loans are…

Marc N. Swanson

The Impact of the Bankruptcy Relief Act and Other Recent Bankruptcy Code Changes

USA - April 2 2021 Bankruptcy law has seen many changes in 2020 and 2021. Some of these were enacted in response to COVID, but many other changes were included in the…

Steven A. Roach, Marc N. Swanson

Congress Permits SBA to Make PPP Loans to Debtors in Bankruptcy, SBA Says "No"

USA - January 15 2021 In June and December of 2020, Miller Canfield reported that the Fifth and Eleventh Circuits had held that the Small Business Administration ("SBA")…

Thomas G. Appleman, Steven A. Roach

Eleventh Circuit Joins Fifth in Holding that the SBA May Deny Paycheck Protection Program Loans to Debtors in Bankruptcy

USA - December 23 2020 In June of 2020, Miller Canfield reported that the Fifth Circuit held that a Texas bankruptcy court had exceeded its authority when it ordered the…

Steven A. Roach, Marc N. Swanson

Will the Real Party in Interest Please Stand Up?

USA - October 30 2020 In Michigan, the general rule is that only a real party in interest may initiate a lawsuit. MCR 2.201(B). Although it is usually easy to identify the…

Megan R. I. Baxter-Labut