Adversary proceedings are lawsuits related to or arising from a bankruptcy case. It can be filed by you, your creditor or the trustee and may involve a variety of issues, including...more
The U.S. Bankruptcy Code requires debtors to participate in a pre-filing credit counseling session and a subsequent pre-discharge debtor education course. The U.S. Department of Justice (DOJ) maintains a list of credit...more
Many people who need to file bankruptcy also want to pay certain people or businesses, particularly if they have a personal relationship with them. Wanting to pay family members and friends is very common, as is the desire to...more
Citing a conflict of interest between class representatives and a class, the Ninth Circuit Court of Appeals recently invalidated a $45 million class action settlement that had previously been approved by the district court....more
While students get breaks on their loans in some ways, filing bankruptcy has never been one of them. But if a federal appellate opinion and action in Congress are any indicators, that could be changing....more
I received a number of e-mails on my three-part series on settlements, which ran over the past few weeks.
Of those e-mails, several dealt with a topic I raised in Part 3 - accounting for the possibility of a settling...more
Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly excepts student loans from discharge, unless the exception of such...more
When an individual obtains a loan with no intention of repaying the lender, it is well established that such a debt is not dischargeable in bankruptcy. If, however, a debtor does not misrepresent its intent to repay the...more
Filing for bankruptcy can be an emotionally charged decision. You want to pay your debts, but the financial challenges can be overwhelming, especially in this economic climate. Filing for bankruptcy can lift the financial...more
In This Issue:
- Franchisor 101: Are Covenants Not-To-Compete Dischargeable In Bankruptcy?
- Franchisee 101: Aloha-Distributorships Are Not Franchises
- Mark Melton Has Become Of Counsel To The Firm...more
The new year is off to a pretty big start. We've already seen significant decisions from federal appellate courts on criminal trade secrets prosecutions and the epic Mattel/MGA "Bratz" dolls dispute. We have a looming debate...more
The U.S. Senate is considering a law that would allow consumers to discharge private student loans through bankruptcy, a measure that could bring relief to untold thousands who are drowning under oppressive college debt....more
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