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Second Circuit Rules Private Student Loans May Be Discharged in Bankruptcy

Troutman Sanders

Court of Appeals for the Second Circuit ruled that private student loans are not explicitly exempt from a debtor’s Chapter 7 bankruptcy discharge. The district court disagreed, finding the text and structure of both Sections 523(a)(8) and § 523(a)(8)(A)(ii) exempt from discharge a far narrower category of debt. On July 15, the U.S.

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Second Circuit Disallows Private Educational Loans from Discharge Under 11 U.S.C. § 523(a)(8)(ii)

ABI

Sallie Mae , the United States Court of Appeals for the Second Circuit held that private educational loans may be discharged under § 523(a)(8)(ii) of title 11 of the United States Code (the “Bankruptcy Code”). [1] 6] The district court thereafter certified the bankruptcy court’s order for direct appeal to the Second Circuit for review. [7].

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Affordable Care Act’s Shared Responsibility Payment is a Tax Entitled to Priority

ABI

1] In In re Szczyporski, the United States Court of Appeals for the Third Circuit held that the shared responsibility payment is a tax entitled to priority under Title 11 of the United States Code (the “Bankruptcy Code”). [2] 19] The shared responsibility payment is a tax entitled to priority in the Third Circuit. [20]

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Dental Plan Provider Petitions FCC for Clarification Regarding Renewal Calls

Troutman Sanders

DentalPlans argues its renewal calls to its members do not constitute advertisements because they fall into the precise category of calls that the FCC intended to exclude from TCPA liability, namely “subscription renewal notice[s]” as they were only sent to existing customers who had previously agreed to the same plan. Circuit statements.

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Client Alert: SCOTUS Rules on Vaccine Mandate – OSHA’s Mandate Stricken; CMS Mandate Upheld

Fraser

Just before SCOTUS heard the cases on January 7, 2022, the OSHA mandate had been validated by the Sixth Circuit Court of Appeals and OSHA had set new dates for enforcement to begin just a few days later. The Supreme Court’s stay is a temporary halt as the merits are decided by the Sixth Circuit.

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Q2 Industry Insights: Higher Monthly Expenses for Consumers, Regulatory Guidance for Financial Institutions

True Accord

First, the 6th circuit court of appeals determined that one phone call under the Telephone Consumer Protection Act (TCPA) is enough to establish standing, meaning the suit is based on an actual or imminent alleged injury that is concrete and particularized and, for the plaintiff in Ward v. 9%) to $17.05 Online payment portals.

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New Appeals Court Ruling on the Scope of Subsequent Transferee Liability Under Section 550

PBWT

Transferees in the last category are known as subsequent transferees.) The Tenth Circuit addressed this question in its recent decision in Rajala v. The Tenth Circuit held that, to qualify as a “transferee” under section 550, a party must have received the actual “property transferred.” § 550(a).