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ABI Journal

Consumer Bankruptcy

Fourth Circuit Widens the Split on Judicial Estoppel’s Bad Faith Presumption

A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.

Monday, August 12, 2019
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Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.