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    Are Private Student Loans Dischargeable in Bankruptcy Court? An In-Depth Examination of Each Sub-Section of Section 523 (a)(8) of the Bankruptcy Code—Part II
    2022-05-03

    This is a three-part article that explores whether private student loans are excepted from discharge under Section 523 (a)(8) of the Bankruptcy Code. Section 523 (a)(8) includes three categories of non-dischargeable student loan debt. Part I of the blog article discussed Section 523 (a)(8)(A)(i) and can be accessed here.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Gupta Evans and Ayres, Ninth Circuit
    Authors:
    Dylan Contreras
    Location:
    USA
    Firm:
    Gupta Evans and Ayres
    Equitable Mootness Applied Again: The Fifth Circuit Refuses to Hear an Appeal
    2022-04-18

    The Fifth Circuit recently dismissed an appeal of a confirmation order as equitably moot. The decision was based on three key factors: the appellant hadn’t obtained a stay pending appeal, the plan had been substantially consummated, and practical relief couldn’t be fashioned if the plan was unwound.Talarico v. Ultra Petro. Corp. (In re Ultra Petro. Corp.), Case No. 21-20049, 2022 U.S. App. LEXIS 8941 (5th Cir. Apr. 1, 2022).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Coronavirus, Ninth Circuit, Fifth Circuit
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    A Growing Circuit Split: Does the IRS Have Sovereign Immunity from Fraudulent Transfer Claims under 11 U.S.C. § 544(b)(1)?
    2022-03-31

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Nelson Mullins Riley & Scarborough LLP, Internal Revenue Service (USA), Supreme Court of the United States, Ninth Circuit
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Precedential Value Of 1885 Supreme Court Opinion On Bankruptcy Discharge Issue? (Bartenwerfer v. Buckly)
    2022-03-22

    How much precedential value does an 1885 opinion of the U.S. Supreme Court deserve on a bankruptcy discharge issue?

    That’s a central question in the Petition for a Writ of Certiorari before the U.S. Supreme Court in Bartenwerfer v. Buckly, Case No. 21-908 (“Distributed for Conference of 4/29/2022”).

    Facts of the Case [Fn. 1]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States, Ninth Circuit
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Fracas in the French Quarter: Fifth Circuit weighs in on ongoing leasing controversy over the intersection of Bankruptcy Code Sections 363(f) and 365(h)
    2022-03-03

    Reaching an outcome in line with two other circuit courts, on February 16, 2022, the Fifth Circuit Court of Appeals permitted a Chapter 11 trustee to sell a debtor’s real property free and clear of the leasehold estates held by certain non-debtor lessees. See In re Royal Street Bistro, L.L.C., 2022 WL 499938 (5th Cir. February 16, 2022)(the “Ruling”)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Coburn LLP, Ninth Circuit, Fifth Circuit, Seventh Circuit
    Authors:
    David Farrell
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Bankruptcy Court Protects Creditors And Banks Holding Garnished Funds
    2022-02-11

    The Ninth Circuit Bankruptcy Appellate Panel (BAP) recently held that merely freezing a debtor’s bank account holding funds that had been garnished by a judgment creditor did not violate the automatic stay. This decision was based on the United States Supreme Court’s ruling last year in City of Chicago v. Fulton, holding that retention of repossessed vehicles that were possessed before a bankruptcy was filed did not violate the automatic stay.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hopkins & Carley, Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Hopkins & Carley
    A Critical Election: BAP or District Court?
    2022-02-09

    In the First, Sixth (in some districts within the circuit), Eighth, Ninth and Tenth Circuits an appeal from a bankruptcy court order may go either to the district court, as elsewhere in the country, or, uniquely to those five circuits, to a Bankruptcy Appellate Panel (BAP). The BAP is a three-judge panel selected from bankruptcy judges in the circuit but not the same district. Under the statute, presumptively the appeal goes to the BAP but the appellant may elect to go to the district court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, US Congress, Eighth Circuit, Supreme Court of the United States, Ninth Circuit, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    James L. Baillie
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Debtor’s Motion to Dismiss v. Creditor’s Motion to Convert In Chapter 13—The 9th Circuit’s Ruling in In Re Nichols
    2022-01-06

    On September 1, 2021, the Ninth Circuit issued its ruling in the case of In Re Nichols. The Circuit Court held that a debtor has an absolute right—without exception—to dismiss his Chapter 13 bankruptcy case under Section 1307 (b) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Gupta Evans and Ayres, Supreme Court of the United States, Ninth Circuit
    Authors:
    Dylan Contreras
    Location:
    USA
    Firm:
    Gupta Evans and Ayres
    Ninth Circuit Finds Bank May Set Aside HOA Sale Conducted During Bankruptcy as Void
    2021-12-09

    In a split decision, the United States Court of Appeals for the Ninth Circuit recently determined that the Bank of New York Mellon (the “Bank”), as first deed of trust lienholder, could challenge a homeowner’s association’s (“HOA”) sale of a property as a violation of an automatic bankruptcy stay, giving the Bank superior title. SeeBank of New York Mellon as Tr. for Certificateholders of CWALT, Inc., Alternative Loan Tr. 2005-54CB, Mortg. Pass-Through Certificates Series 2005-54CB v. Enchantment at Sunset Bay Condo. Ass’n, 2 F.4th 1229 (9th Cir. 2021).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Riker Danzig LLP, Ninth Circuit
    Authors:
    Michael R. O’Donnell , Desiree McDonald
    Location:
    USA
    Firm:
    Riker Danzig LLP
    The Dead (and Their Bankruptcy Estate) Cannot Hold Property Under Recent Ninth Circuit Bankruptcy Appellate Panel Decision
    2021-12-03

    I recently had the pleasure of working with my colleagues Benny Roshan and Jillian Berk on an appeal before the Ninth Circuit Bankruptcy Appellate Panel (B.A.P), which tested the ever-evolving intersection between bankruptcy law and probate law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Glusker Fields Claman & Machtinger LLP, Ninth Circuit
    Authors:
    Keith Patrick Banner
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP

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