In this article, Maria Tobergte discusses the circuit split regarding the meaning of “undue hardship”—the standard that student loan debtors must meet in order to discharge their student loans in bankruptcy. She argues for the majority approach to be abandoned and for the minority approach to be adopted by more courts.
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review A current circuit split poses an imperative question: Can a hypothetical multi-millionaire, like Monty Brewster, spend his millions frivolously without fear of a tax penalty following him through bankruptcy?[1] The United States Bankruptcy Code generally allows debtors to discharge all debts arising prior to filing... Continue Reading →
Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review Because of the Great Recession beginning around 2008, the number of bankruptcy filings increased by nearly 150% between 2008 and 2010, before leveling off in recent years.[1] With the increased caseload on bankruptcy courts came increased confusion about some of the Bankruptcy Code’s provisions. Recently,... Continue Reading →
Author: A.J. Webb, Articles Editor, University of Cincinnati Law Review Another clash between the Fair Debt Collection Practices Act[1] and the Bankruptcy Code[2] is on the horizon. A recent decision by the Eleventh Circuit Court of Appeals might lead to additional liabilities against creditors seeking to collect on debts from consumers who file for bankruptcy. In... Continue Reading →
Author: A.J. Webb, Articles Editor, University of Cincinnati Law Review In recent years, numerous multinational law firms have declared bankruptcy amidst dwindling demand for legal services. Generally, the bankruptcy of a law firm is similar to that of any other debtor: a trustee must carefully scrutinize the debtor’s assets, ensuring their availability for distribution to... Continue Reading →
Author: A.J. Webb, Articles Editor, University of Cincinnati Law Review [1] In November 2011, W. Steve Smith traveled to New Orleans, Louisiana, to attend a bankruptcy hearing for IFS Financial, for which he served as a bankruptcy trustee in a chapter seven liquidation.[2] While the hearing lasted only one day, Smith extended his stay by... Continue Reading →
