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NO MATTER THE CIRCUMSTANCES, STUDENT LOANS ARE INCREASINGLY DIFFICULT TO DISCHARGE IN A BANKRUPTCY
Thomas v. Department of Education (In re Thomas), 18-11091 (5th Cir. July 30, 2019) The U.S. Court of Appeals for the Fifth Circuit recently ruled that a debtor could [...]
Theft of Trade Secrets Does Not Always Equate to the Non-dischargeability of a Debt in Bankruptcy
TCK Aerospace Inc. v. Muhs (In re Muhs), 18-1372 (4th Cir. May 8, 2019) Things do not always seem to be what they appear to be. A judgment [...]
The Clash Among Divorce, Bankruptcy, and IRAs/Pensions/Profit-Sharing Plans
Attorneys practicing in the family law area and those individuals going through the process of divorce need to be cognizant of the ramifications of a property settlement and the [...]
TENANTS OF REJECTED LEASES IN BANKRUPTCY MAY NOT HAVE TO PAY RENT
When a landlord files bankruptcy and rejects a lease, the tenant has the right to remain in the premises. Moreover, the tenant has the right to offset whatever damages [...]
“Mere Conduits” of Fraudulently Conveyed Funds Continue to Face Scrutiny
There are two basic ways of proving a fraudulent conveyance under the United States Bankruptcy Code (sometimes referred to as the “Code”) and the Uniform Fraudulent Transfer Act. The [...]
Tough Road for Sears — Leverage for Landlords?
When Sears filed bankruptcy on October 15, 2018, it announced that it would close 142 under-performing stores. But determining the aggregate number of store closings has been difficult. Early [...]
An Otherwise Enforceable Anti-Assignment Clause in a Lease Will be Treated Differently in Bankruptcy
What appears to be one thing is not always the case. Take an anti-assignment provision of a lease. Outside of bankruptcy, such a provision would be enforced. On the [...]
Fallout from Retail Bankruptcies — Landlords and Junior Creditors v. Private Equity
The June 8, 2018 article in Bloomberg, “Private Equity Comes Under Fire” written by Eliza Ronalds-Hannon and Steven Church1, highlights the tensions that exist between landlords and junior [...]
Is the Retail Apocalypse Overstated? (How to Deal with a Retail Bankruptcy)
There were just shy of 7,000 store closures of major U.S. retail chains in 2017. Many of these closures were skewed toward apparel retailers and regional malls. Yet, there [...]
Litigation “Good Faith” and Use of an Expert in Fraudulent Transfer Actions
Picard v. Merkin (In re Bernard L. Madoff Investment Securities LLC), 09-1182 (Bankr. S.D.N.Y. Dec. 22, 2017) (the “Merkin Adversary”) In the “clawback” lawsuits filed by the Trustee in [...]