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As we all know, COVID-19 caused a shutdown of many aspects of the U.S. and world economies. Due to, among other things, funding and other relief from the U.S. government, the economic downturn that many had initially projected has not yet materialized in the ways that were anticipated. Bankruptcy filings are down 29.1% for the 12-month period ending on Sept. 30, 2021, accordingly to the Administrative Office of the U.S. Courts. Nevertheless, many businesses and industries continued to be impacted through the end of last year by issues such as worker shortages and supply chain problems, as U.S. ports had historic backlogs of cargo ships waiting to offload their goods ahead of the 2021 holiday season. Additionally, inflation is on the rise, leading to increased pricing, and the country is going into mid-term elections in 2022, all of which can negatively impact economic outlooks for 2022.
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By Gerard S. Catalanello and Kimberly (Kodis) Schiffman
A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under subsection 523(a)(8)(A)(ii) of the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.
By Michael L. Cook
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor’s lessees.
Why Bankruptcy Attorneys Need to Help Their Clients Face Distressed Assets Now
By William (Bill) Lobel
Cyclical challenges in the economy are nothing new to bankruptcy attorneys and their clients, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.
Fifth Circuit Resolves ‘Clash’ Between FERC and Bankruptcy Courts
By Douglas S. Mintz and Michael L. Cook
A Chapter 11 debtor’s “rejection [(under Code §365(a)] of a filed-rate [natural gas] contract … relieve[d] it of the obligation to continue performance absent the approval of FERC [(the Federal Energy Regulatory Commission],” held the U.S. Court of Appeals for the Fifth Circuit.
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