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Consumer Bankruptcy › Totality of Circumstances Test

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Perkins Coie

Debtor’s Failure to Disclose No Longer Deadly in Eleventh Circuit

Perkins Coie on

Employers and other defendants suffered a setback recently. Most large companies have been sued by an employee who failed to disclose the lawsuit or cause of action in their individual bankruptcy case. For many years, the...more

Bond Schoeneck & King PLLC

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

Bond Schoeneck & King PLLC on

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

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