info@cowlesthompson.com 214-672-2000 SEARCH RESULTS Circumstances Justifying the Dischargeability of Student Loans Under the Bankruptcy Code re: Homaidan v. Sallie Mae, Inc., et al., No. 20-1981 (2d Cir. July 15, 2021) Generally speaking, student loans are extremely difficult to discharge in bankruptcy even under [...] Categories: Bankruptcy|Tags: Bankruptcy law, Bruner Test, Homaidan v Sallie Mae, Student Loans, student loans and bankruptcy Read More Recent Fifth Circuit Case Gives Lender Green Light to Change Management The Fifth Circuit Court of Appeals recently upheld a lower court ruling permitting a lender to change management pursuant to a negotiated agreement notwithstanding the debtor’s allegation that [...] Categories: Bankruptcy, Practice|Tags: Bill Siegel, lender change management, Lockwood v Wells Fargo NA Read More Sales in Bankruptcy – No Stay, No Pay Official Comm. v. Walker Cty. Hosp. Dist. (In re Walker County Hospital Corp.), No. 20-20575, 2021 U.S. App. LEXIS 20610 (5th Cir. July 12, 2021) The Fifth Circuit [...] Categories: Bankruptcy|Tags: Appealing a bankruptcy, Sales in Bankruptcy Read More The Purpose of Special Purpose Entities The American Bankruptcy Institute describes a Special Purpose Entity (SPE) as an entity formed concurrently with, or immediately prior to, the closing of a financing transaction…to isolate the [...] Categories: Bankruptcy|Tags: Financing Read More A Recent Decision Recharacterizing Debt to Equity Under Delaware Law Could Have Far-Reaching Implication A recent decision out of the Bankruptcy Court for the Southern District of New York1 interpreting Delaware law will probably impact other decisions throughout the country in light [...] Categories: Bankruptcy|Tags: Corporate investment, Debt Read More What Rights and Possible Exposure to Consequences Arise for Tenants When a Real Property Lease is Rejected by a Bankrupt Landlord? Section 365(h) of the Bankruptcy Code provides special protection for non-debtors who have rights as tenants if a trustee or Chapter 11 debtor landlord rejects an unexpired [...] Categories: Bankruptcy|Tags: Landlord, lease, tenant Read More Retention of Bankruptcy Debtor’s Property After Bankruptcy Is Not a Violation of the Automatic Stay The Supreme Court finally settled a long-standing question as to whether a creditor is required to return property of a debtor after bankruptcy has been filed. The answer is [...] Categories: Bankruptcy|Tags: Property retention Read More Bankruptcy Court Rules that Eviction Moratorium for COVID Does Not Apply in Bankruptcy In a case of first impression, the Bankruptcy Court for the Central District of California, Los Angeles Division, issued a recent opinion in In re Nikolay Machevsky, No. 14-29611 [...] Categories: Bankruptcy|Tags: COVID, Eviction Read More Temporary Extension of Time for Debtor-Tenants to Decide Whether to Assume or Reject Certain Leases On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act of 2021 (CAA). The CAA includes a temporary extension for debtor-tenants to assume or reject certain [...] Categories: Bankruptcy|Tags: Leases Read More The Effect of the COVID Act on the Bankruptcy Preference Laws The “Consolidated Appropriations Act, 2021” (“COVID Act”) effective December 27, 2020 amends Section 547 of the Bankruptcy Code and protects suppliers and landlords through agreement to defer payments made [...] Categories: Bankruptcy|Tags: Bankruptcy preference law, COVID Act Read More LOAD MORE POSTS Didn’t find what you were looking for? Search for: Search for: DALLAS OFFICE Bank of America Plaza 901 Main St., Ste. 3900 Dallas, TX 75202 PLANO OFFICE Preston Park Financial Center 4965 Preston Park Blvd., Ste.320 Plano, TX 75093 info@cowlesthompson.com 214-672-2000 © 2021 Cowles & Thompson | Privacy Policy | Terms & Conditions | Website Built by Atomic Design & Consulting