Benchnotes April 2023
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly profitable but litigation
Sometimes, a Settlement with No Admission of Liability Can Be Nondischargeable
To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.
Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans
The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.
Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?