Bankruptcy Blogs

Discharge Exception For Educational Loans Not Limited To Higher Education

02/08/13

It is fairly well settled and well known that public and private student loans are nondischargeable pursuant to Section 523(a)(8) of the Bankruptcy Code, unless the debtor meets the high bar of showing "undue hardship."  This section states the following:

A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

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Union Still Sees a Future for Itself in Liquidating Hostess

02/08/13
Getty Images
Striking bakery workers stand outside of a Hostess facility in Oakland, Calif., on Nov. 16, 2012.

The union that Hostess Brands Inc.

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Absolute Priority Rule Absolutism? Strict Interpretation of Bankruptcy Code Cramdown Provisions Nearly Causes Hawker Beechcraft Plan Confirmation to Skid Along the Runway

02/08/13

By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a restructuring support agreement (the “RSA”) among the Debtors’ senior lenders and noteholders, which soon thereafter gained the support o

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A Dystopian Vision of Banking from the 'Mad Men' Era

02/08/13

Once you stop chuckling at the political incorrectness and retro-futurism of this 1959 speech, you sense the privacy dangers that lurk ahead for us in the present day.

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A History Lesson for Bankers Everywhere

02/08/13

The story of Barings speaks to another era, but also to banking's eternal vulnerabilities.

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CFPB's New Mortgage Rules: Right Battle, Wrong War

02/08/13

New regulations fail to address the next wave of dubious practices sure to emerge and sully the reputation of responsible lenders. Remember: The Maginot line held; new technology just allowed forces to go around it.

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The Daily Docket: Bondholders Sue Jefferson County

02/08/13

Pressed by an impatient group of creditors, the bank in charge of distributing sewer revenue to Jefferson County, Ala., bondholders owed some $3.2 billion has turned to the county’s bankruptcy judge for help in determining whether it can accelerate some debt payments and make bond insurers pay for them. Read the Daily Bankruptcy Review story here.

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Debtor’s Non-Consumer Debts May Bypass Means Test

02/08/13

To qualify for filing Chapter 7 bankruptcy the debtor’s household income must be below the applicable median income, or the family expenses must offset income to the extent that the debtor passes the means test. Bankruptcy debtors do not have to pass the means test if their debts are primarily non-consumer debts.

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Libor Scandal Spreads, Ratings Troubles Deepen, Volcker Rule Bites

02/08/13

Receiving Wide Coverage ... A Hard Rain's Gonna Fall: JPMorgan Chase (JPM) on Thursday became the latest megabank implicated in the global scandal involving the rigging of Libor, the London Interbank Offered Rate. The U.S. banking giant coordinated its Swiss franc Libor submissions with those of Royal Bank of Scotland, which, Scan noted yesterday, has itself reached a $612 million rate-rigging settlement. The JPM connection surfaces through documents filed in connection with RBS's deal earlier in...

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Bankruptcy And The NCAA

02/08/13

photoSo what does bankruptcy have to do with the NCAA investigation of the University of Miami?

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