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 In the United States, bankruptcy is governed by federal law, commonly referred to as the “Bankruptcy Code” (“Code”). The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact “uniform Laws on the subject of Bankruptcies throughout the United States”. Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).

Each year Premier Bankruptcy Lawyers (PBL) researches and recommends leading bankruptcy lawyers across the United States.  PBL lists only one attorney and firm in each city and inclusion to the guide is by invitation only.

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Second Circuit Holds That Certain Private Student Loans May Be Dischargeable Under Section 523(a)(8)(A)(ii)

The Situation: In Homaidan v. Sallie Mae, Inc., et al.,  the U.S. Court of Appeals for the Second Circuit recently affirmed that certain types of private student loans are not “obligation[s] to repay funds received as an educational benefit, scholarship, or stipend” that are exempt from discharge in bankruptcy absent an undue hardship. The Result: This decision brings the Second Circuit in line with [...]

Private Credit Lenders – Navigating Successor Liability Issues

The primary investment thesis of a private credit lender is simple — get the loan repaid at maturity. Private credit lenders do not make loans as a means to acquire their borrower’s business. There are circumstances, however, where private credit lenders must be prepared to take ownership when the borrower is distressed and there is no realistic prospect of near-term [...]

Bankruptcy allows individuals, couples, and businesses that cannot meet their financial obligations to be excused from repaying some or all of their debt.  If you have questions regarding bankruptcy law contact one of our recommended attorneys today.