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A Potential Shift On Education Debt Discharge Standards
  • Troutman Sanders LLP
  • USA
  • March 23 2018

To its detractors, bankruptcy law’s “Brunner test,” which is used to establish the dischargeability (i.e., elimination) of student loan debts, stands

2nd Circuit finds bankruptcy claim non-arbitrable
  • Buckley Sandler LLP
  • USA
  • March 13 2018

On March 7, the U.S. Court of Appeals for the 2nd Circuit denied a bank’s motion to compel arbitration, holding that arbitration of the debtor’s

6th Cir. BAP Holds Constructive Notice Did Not Bar Bankruptcy Trustee’s Challenge to Defectively Executed Mortgage
  • Maurice Wutscher LLP
  • USA
  • February 28 2018

The Bankruptcy Appellate Panel of the Sixth Circuit recently held that the constructive notice provisions of section 1301.401 of the Ohio Revised Code

Who Controls Privilege Protection When Individuals Go Bankrupt?
  • McGuireWoods LLP
  • USA
  • February 14 2018

Courts agree that bankruptcy trustees control bankrupt corporations' privilege - just as corporations' successor management controls privilege

Eleventh Circuit Affirms Award of Attorneys’ Fees Incurred by Individuals for Stay Violation in Damages Action and on Appeal
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • January 2 2018

Addressing an issue of first impression in the Eleventh Circuit, the Court in Mantiply v. Horne (In re Horne), 876 F.3d 1076 (11th Cir. 2017

Long and Expensive Ride for Stay Violators
  • Berger Singerman LLP
  • USA
  • December 29 2017

When a person takes an action against an individual debtor in bankruptcy in violation of the automatic stay imposed under Section 362(a) the debtor

Rule Change for Bankruptcy Proofs of Claim
  • Gardere
  • USA
  • December 19 2017

Certain amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) will become effective in all cases commencing after December

Liquidation procedures in the USA
  • Shearman & Sterling LLP
  • USA, Global
  • December 15 2017

A structured guide to liquidation procedures in the USA

Restructuring & Insolvency in the USA
  • Shearman & Sterling LLP
  • USA, Global
  • December 15 2017

A structured guide to restructuring & insolvency laws in the USA

11th Cir. Rejects Challenge to Debtors’ Ability to Recover Attorney’s Fees in Stay Violation Actions
  • Maurice Wutscher LLP
  • USA
  • December 11 2017

The U.S. Court of Appeals for the Eleventh Circuit recently held, in a case of first impression, that "the Bankruptcy Code authorizes payment of