Bankruptcy Law News and Insights

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

Published: Sep 17, 2021
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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....

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Private Credit Lenders – Navigating Successor Liability Issues

Published: Sep 15, 2021
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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...

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Whoomp! (Where’d It Go?): Disappearing Assets In Bankruptcy

Published: Sep 13, 2021
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In a recent post, I discussed three situations in which a debtor in bankruptcy might find itself dispossessed of assets that appeared to be property of the bankruptcy estate. This article expands on that general idea and presents a compendium of situations in which creditors or circumstances may deprive a debtor...

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