Troutman Sanders

JULY 19, 2021

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.

Student loans 52

Student loans Student Loans Chapter 7 bankruptcy Bankruptcy 52

ABI

JANUARY 26, 2023

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]

Bankruptcy 40

Bankruptcy Debtor Healthcare Government 40

ABI

JANUARY 13, 2022

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].

Education 40

Education Loans Student loans Student Loans 40

PBWT

JULY 15, 2020

Transferees in the last category are known as subsequent transferees.) For example, if an entity receives a fraudulent transfer of cash, and then passes on the cash to a third party, the third party can be liable under section 550. [1] The Tenth Circuit addressed this question in its recent decision in Rajala v.

Law Firms 52

Law Firms Bankruptcy Judgment Construction 52

Troutman Sanders

JUNE 25, 2021

Accordingly, the vast majority of the absent class members who could not prove that allegedly inaccurate credit reports were disseminated to any third party did not have standing to assert a claim under the Fair Credit Reporting Act (FCRA). Background. Defamation requires publication; otherwise, the reputational harm does not materialize.

Legal Rights 59

Legal Rights 59

Consumer Financial Services Law

FEBRUARY 27, 2018

Merriam Webster Dictionar y The Third Circuit has refined its position as to whether collection of time-barred debt may violate the FDCPA where the communication involves an offer to settle. Allied’s motion to dismiss was granted by the district court which relied on prior Third Circuit precedent, Huertas v.

Debt collector 40

Debt collector Debtor Collections Creditors 40

Troutman Sanders

FEBRUARY 8, 2021

” Here, the court reasoned that the plaintiff’s claim that the defendant’s letter was “false and misleading” fell within that category. The court granted the defendant’s Rule 12(b)(6) motion to dismiss on one count, but denied it on the other three counts.

Debt collector 52

Debt collector Collections Fair Debt Collection Trade 52