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
A Brief History of Student Loan Treatment in Bankruptcy Cases
A Brief History of Student Loan Treatment in Bankruptcy Cases By Maurice “Mac” VerStandig As the 118th Congress begins its work, a blend of campaign promises 1 and previous legislative introductions 2 offer every reason to believe that the dischargeability of student
When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy
When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy By Steven J. Boyajian and Andrew A. DePeau The Equal Access to Justice Act (EAJA) provides litigants with the right to recover attorneys’ fees and costs after prevailing on claims
ABI’s CPEX Conference: How a Crazy Idea Came to Life
ABI’s CPEX Conference: How a Crazy Idea Came to Life By David P. Leibowitz In the spring of 2021, we were isolated and in the throes of the COVID-19 pandemic. Courts were closed. Professional meetings were impossible. Bankruptcy in general and consumer bankruptcy in