On August 12, the U.S. Bankruptcy Appellate Panel for the 8th Circuit upheld a lower court’s ruling that discharged a debtor’s student loan debt owed to a state bank, finding that repayment would impose an undue hardship....more
The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has held for the first time that neither sovereign immunity nor the Younger abstention doctrine constrain bankruptcy courts from enjoining State governmental disciplinary...more
The Ninth Circuit Bankruptcy Appellate Panel holds that a discharge injunction does not bar an alter ego claim against a non-debtor where, under applicable law, the result of an alter ego finding is not to deem the entities...more
“Can an unsecured creditor be better off when the debtor defaults rather than paying off the debt? Yes: Law can be stranger than fiction in the Preference Zone.”—Ninth Circuit Untimely payment by tenants and other obligors...more