Posts in The Banker's Suit

Aug 04 Conversion / Redesignation Of A Chapter 11 or 7 Bankruptcy to A Subchapter V Case

This past February, the Small Business Reorganization Act of 2019 came into effect adding Subchapter V to the Bankruptcy Code’s ...

Oct 03 Circuit Split on the Sufficiency of Collateral Descriptions in UCC Financing Statements

A recent opinion was issued this month by the Seventh Circuit Court of Appeals reversing a district bankruptcy court’s ruling on ...

Jul 31 Lenders Beware: Surety Bond Found to Beat Out Bank’s Prior Lien On Accounts Receivable, General Intangibles, and Proceeds Related to Retainage Payments In Equity

A recent bankruptcy court opinion out of the Fifth Circuit explains why the provider of a surety bond on a construction project ...

May 28 Eighth and Tenth Circuits Split as to Partial Discharge of Student Loan Debt

All or nothing in the Eighth Circuit Last year, in the case of In re Martin [1] , Judge Thad Collins (Bankruptcy Court for the ...

Feb 28 Eighth Circuit Finds Judgment Lien on Entireties Property Avoidable in Missouri

A judicial lien impairing otherwise exempt property of debtor is avoidable in some states under Section 552(f) of the Bankruptcy ...

Nov 01 10th Circuit Bankruptcy Judge Tyson Finds Private Educational Loans Are Not Automatically Nondischargeable

Courts are split on whether all educational loans are nondischargeable as an educational benefit. Noting the “trending narrower ...