HHR Bankruptcy Report

Category Archives: Chapter 7

Subscribe to Chapter 7 RSS Feed

Supreme Court Hears Bankruptcy Court Jurisdiction Arguments In Wake of Stern v. Marshall

Posted in Chapter 7, SCOTUS, Seventh Circuit
Earlier this month the Supreme Court held oral argument on an appeal arising out of the Seventh Circuit Court of Appeals that revisits the thorny and frequently litigated issue of bankruptcy court jurisdiction post-Stern v. Marshall. In Wellness Int’l Network v. Sharif, the Seventh Circuit Court of Appeals held that (i) a bankruptcy court lacks… Continue Reading

Eighth Circuit Applies Novel Test in Recent Student Loan Discharge Case

Posted in Chapter 7, Eighth Circuit
In a recent decision considering the dischargeability of student loan debt, the Eighth Circuit Court of Appeals affirmed a lower court’s decision establishing a unique and flexible test for determining whether repaying student loans imposes an “undue hardship” on a debtor. Under the Bankruptcy Code, graduates generally cannot discharge student loan debt absent certain conditions. … Continue Reading