Archives for September 2021

Second Circuit Finds Certain Student Loans Can be Discharged

Admin on September 30, 2021 Posted in Bankruptcy Law, Blog, Recent Court Decisions, Student Loans

The Second Circuit in the recent case of In Homaidan v. Sallie Mae recently held that some kinds of private student loans do not require the repayment of debts that can be categorized as an educational benefit. This decision resulted in the Second Circuit joining the Fifth Circuit and Tenth Circuit on the matter. Neither […]

Bankruptcy Court Finds “Critical Vendor” Label Provides No Insulation from Preference Claims

Admin on September 15, 2021 Posted in Bankruptcy News, Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

In what could likely end up an influential ruling, a Delaware court recently held that securing a “critical vendor” status in Chapter 11 commercial bankruptcy case ultimately offers no defense in situations where the vendor later faces legal action for the recovery of preferential payments that the debtor recoups shortly before bankruptcy. The Role of […]