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Stern Revisited, Testing the Jurisdictional Authority of the Bankruptcy Courts and Beyond

In January, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. Executive Benefits is viewed by many as the sequel to Stern v. Marshall, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011). In...more

3/24/2014 - Article III Consumer Bankruptcy EBIA v Arkison Jurisdiction SCOTUS Standing Subject Matter Jurisdiction

Undue Hardship? Part II: The Eighth Circuit’s Totality-Of-Circumstances Test

In July, this blog explored the Second and Ninth Circuit’s application of the “undue hardship” test under 11 U.S.C. § 523(a)(8), which states that student loan debt is presumptively non-dischargeable. To refresh, in those...more

10/28/2013 - Consumer Bankruptcy Student Loans Totality of Circumstances Test Undue Hardship

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