Remove category second-district-court-of-appeals
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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.

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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] 10] According to the Second Circuit, it is not appropriate to read “loan” into § 523(a)(8)(A)(ii). [11]

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A Primer on What Lenders Need to Know About Foreclosure Appeals in Florida

Jimerson Firm

If the lender is successful, the lender will receive a final judgment of foreclosure from the court and the property will be sold at a public auction. If the borrower fails to timely file a motion for rehearing, or a motion for rehearing has been denied, the unsuccessful borrower can appeal the final judgment of foreclosure.

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Florida’s Second District Court of Appeals Adopts a Dual-Track Approach For the Appraisal of Property Insurance Claims

Burr Forman

When an owner seeks the appraisal of a property insurance claim, insurers commonly object by demanding that the trial court must first rule on defenses to coverage before allowing appraisal panel to value the total claim submitted by the owner. ACAC appealed this order to the Second District Court of Appeal.

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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] Ashton Bryan St. shared responsibility payment. [4] shared responsibility payment. [4]

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

True Accord

Student loan holders hoping for financial relief were disappointed in a Supreme Court decision that rejected President Biden’s plan to cancel more than $400 billion in student loan debt for millions of borrowers. High inflation and interest rates hung around in the second quarter of 2023. The CPI rose 0.2% in May, according to the U.S.

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Second Circuit Reaffirms that if You Don’t Dispute with the CRA, You Don’t Have a Claim

Troutman Sanders

Fair Credit Reporting Act (“FCRA”) plaintiffs learned a hard lesson in procedure recently when the Second Circuit Court of Appeals affirmed the dismissal of their claim because they (presumably) failed to follow the notification process required by 15 U.S.C. 1681s-2(b), which foreclosed their private right of action.

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