Lessons From In Re Chase: Student Loan Discharge and Loan Consolidation

A recent decision out of Maine underscores the strategic nuances of discharging student loans in bankruptcy.

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Rahaf Alrehaili, Esq.

Attorney

Rahaf Alrehaili is an attorney admitted to practice in New York and New Jersey, as well as in the Southern District of New York, Eastern District of New York, and the District Court of New Jersey. She graduated from Indiana University Maurer School of Law in May 2022 and began her legal career at a boutique bankruptcy law office in Newark, New Jersey. Her practice focuses on consumer bankruptcy, including Chapter 7 and Chapter 13 cases, with a particular interest on student loan cases.

Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Debbie Langehennig, Cameron Kelly

October 9, 2022

As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

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Minding the Post-Confirmation Gate: Creditors Gotta’ Get It Right the First Time

Henry E. Hildebrand, III

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Although it is easy for a consumer practitioner to skim over decisions relating to Chapter 11, occasionally, a Chapter 11 decision requires attention. This is particularly true when the decision is issued by a Circuit Court of Appeals. Here, compelling circumstances must be demonstrated to justify a post-confirmation amendment to a proof of claim.

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...

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Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

March 8, 2020

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Escrow 102 – Part 4 of 4

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By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

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Ask Ms. Ps & Qs

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By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

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The NACTT Emeritus Trustees

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We thought it would be enjoyable during this time of year to share some memories of the Holiday Season.

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Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...

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Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

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By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to...

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