Consumer Bankruptcy

Post-Petition Liabilities Arising from a Pre-Petition Guarantee are not Automatically Discharged

Ben Kittay

St. John's University School of Law

American Bankruptcy Institute Law Review Staff

A Decedent’s Estate is not Eligible to be a Debtor Under the Bankruptcy Code

Howard Poon
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff

Small Business Owners are Entitled to Exempt Reasonable Compensation from the Bankruptcy Estate

Rachel McGarry 

St. John's University School of Law 

American Bankruptcy Institute Law Review Staff

Debtors do not have the Burden to Prove Section 523(a)(8) applies to their Loans

Kimberly Lee

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

A Foreign Debtor May Qualify for Florida Homestead Exception

Jenna Kirkland

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

Second Circuit Disallows Private Educational Loans from Discharge Under 11 U.S.C. § 523(a)(8)(ii)

By: Sean B. King

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

Debtor Allowed to Make Voluntary Contributions to Retirement Fund While Repaying Creditors

Jennifer Hepner

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

An Inherited 401(k) Retirement Account is Excluded from the Bankruptcy Estate

Discharging Student Loan Debt: The Brunner Test

Julia Merani

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

Court Refused to Discharge Student Loans Until Debtor Reaches 70 Years Old

By: Joseph Wales

St. John’s University School of Law

American Bankruptcy Institution Law Review Staff