Govt. Claims/Sovereign Immunity

Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans

Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.

Unsurprisingly, Second Circuit Reaffirms the Strictures of Brunner

Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.

Issues Relating to CARES Act Loans

Medicaid Fraud Suit in State Court Isn’t Subject to the Automatic Stay

Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.

Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars

Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.

Debtor Professional Discipline and Disparate Dischargeability

March 2021

Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation

Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.

Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations

Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.