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ABI Journal

Claims

Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’

A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.

Second Circuit Doesn’t Compel a Liquidating Trustee to Arbitrate with an Insurer

Following the Supreme Court’s Morgan v. Sundance, the appeals court interpreted an arbitration agreement like any other contract, with no policy favoring arbitration over litigation.

Bankruptcy Code
Topics
Broad Scope, or Slippery Slope? Justification of Johnson

June 2025

Bankruptcy Code

Fifth Circuit Says Lessors Are ‘Known’ Creditors Entitled to Actual Notice

Circuit court upholds Bankruptcy Judge Jernigan: Notice by publication doesn’t discharge claims from a lease that rode through chapter 11 or was assumed.