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Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code Image

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code

Rudolph J. Di Massa & Diane J. Kim

On Aug. 24, 2022, President Joe Biden announced the plan to forgive up to $10,000 in federal student debt for qualifying borrowers. This relief, however, was challenged in the courts and is now pending before the U.S. Supreme Court.

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Duties of and Risks to Directors and Officers of Insolvent Enterprises Image

Duties of and Risks to Directors and Officers of Insolvent Enterprises

Marshall S. Huebner & Amber Leary

Traditionally, the bankruptcy risk for D&Os has been fairly low. Several recent developments have, however, shifted the landscape somewhat and altered the risk profile.

Features

Online Extra: In 'Landmark' Win for Talc Plaintiffs, Third Circuit Dismisses Johnson & Johnson Unit's Bankruptcy Image

Online Extra: In 'Landmark' Win for Talc Plaintiffs, Third Circuit Dismisses Johnson & Johnson Unit's Bankruptcy

Amanda Bronstad

On Jan. 30, the U.S. Court of Appeals for the Third Circuit reversed a bankruptcy judge's decision, concluding that Johnson & Johnson subsidiary LTL Management was not in financial distress at the time it filed its Chapter 11 case in 2021.

Features

U.S. Bankruptcy Court Denies Chapter 15 Recognition to a Case on the Isle of Man Image

U.S. Bankruptcy Court Denies Chapter 15 Recognition to a Case on the Isle of Man

Daniel A. Lowenthal

Cases interpreting Chapter 15 of the Bankruptcy Code after it was enacted in 2005 often addressed basic issues, such as whether a foreign debtor must have property in the U.S to file a case there. But even when there's no property in the U.S., there's an easy remedy: the foreign administrator can deposit a retainer payment with its U.S. law firm.

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The NFT Market and Fallout from the FTX Scandal Image

The NFT Market and Fallout from the FTX Scandal

Mark Cianci, Charles Humphreville, Kelley Chandler & Ty Owen

The FTX bankruptcy scandal that has shaken the largely unregulated cryptocurrency world has slowed but isn't likely to end the roll-out of celebrity-related, non-fungible digital token (NFT) offerings. But how might the FTX story impact a push for federal regulation of the NFT market?

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Appellate Review of a Bankruptcy Court's Preliminary Injunction Image

Appellate Review of a Bankruptcy Court's Preliminary Injunction

Michael L. Cook

A bankruptcy court preliminary injunction should be reviewable as of right because of Supreme Court precedent, the rulings of other courts and common sense.

Features

Second Circuit Orders Refund of Unconstitutional Quarterly Fee Overpayment Image

Second Circuit Orders Refund of Unconstitutional Quarterly Fee Overpayment

Francis J. Lawall & Marcy J. McLaughlin Smith

Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930.

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What's In Store for Bankruptcy In 2023? Image

What's In Store for Bankruptcy In 2023?

Dan Roe

Practitioners Weigh In If anyone was holding out hope for a tidal wave of corporate bankruptcies in 2022, it's time to abandon ship. If that was part of your 2023 budget, don't get on the ship altogether.

Features

Another Appellate Court Vacates A Bankruptcy Court Contempt Judgment Image

Another Appellate Court Vacates A Bankruptcy Court Contempt Judgment

Michael L. Cook

The Southern District of New York vacated a bankruptcy court's judgment holding a debtor's business competitor "in contempt for violation of the [Bankruptcy Code's] automatic stay … and assessing sanctions" of $19.2 million.

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What Can We Learn from the FTX Bankruptcy? Image

What Can We Learn from the FTX Bankruptcy?

Steven Salkin

The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation's financial regulatory and bankruptcy landscapes.

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