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Classifying Claims in a Plan of Reorganization – Creating an Accepting Class

  Section 1122(a) of the Bankruptcy Code provides that “a plan may place a claim … in a particular class only if such claim … is substantially similar to the other claims … of such class.” Among other things, Section [...]

By |2022-01-19T13:43:23-06:00January 19, 2022|Bankruptcy, Practice|

Circumstances Justifying the Dischargeability of Student Loans Under the Bankruptcy Code

re: Homaidan v. Sallie Mae, Inc., et al., No. 20-1981 (2d Cir. July 15, 2021) Generally speaking, student loans are extremely difficult to discharge in bankruptcy even under dire circumstances when guaranteed by a government unit or a non-profit [...]

By |2021-11-12T09:23:47-06:00November 12, 2021|Bankruptcy|

Recent Fifth Circuit Case Gives Lender Green Light to Change Management

  The Fifth Circuit Court of Appeals recently upheld a lower court ruling permitting a lender to change management pursuant to a negotiated agreement notwithstanding the debtor’s allegation that it was only under duress that it permitted the lender to [...]

By |2021-11-18T13:44:42-06:00September 20, 2021|Bankruptcy, Practice|

The Purpose of Special Purpose Entities

  The American Bankruptcy Institute describes a Special Purpose Entity (SPE) as an entity formed concurrently with, or immediately prior to, the closing of a financing transaction…to isolate the financial assets from the potential bankruptcy estate of the original entity, [...]

By |2021-09-20T16:42:57-05:00July 9, 2021|Bankruptcy|
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