Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code

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  Can a Debtor That Has No Ongoing Business Operations Reorganize Under Chapter 11 In Good Faith?

  By Lawrence J. Kotler and Roxanne J. Indelicato

  In a recent decision, the U.S. Bankruptcy Court for the Southern District of Texas (the court) addressed whether a debtor that has no independent assets or ongoing business operations can reorganize under Chapter 11 in good faith.

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  J&J Gets Stay In Talc Chapter 11 Dismissal

  By Amanda Bronstad

  Johnson & Johnson’s talc bankruptcy may be on its last legs, but it’s still standing — at least for a while. On February 13, Johnson & Johnson subsidiary LTL Management petitioned the U.S. Court of Appeals for the Third Circuit to rehear its Jan. 30 decision dismissing its Chapter 11 case

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  Fifth Circuit Adds Color to Abstention Issue

  By Francis J. Lawall and Brenden Dahrouge

  Rules Bankruptcy Court Lacked Jurisdiction to Decide State-Governed Question

  Jurisdictional boundaries within the federal system as between bankruptcy and district courts as well as various federal agencies can be a maze that is at times nearly impossible to navigate. Further complicating matters are those cases involving state-regulated issues that add abstention to the mix.

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  Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy

  By Andrew C. Kassner and Joseph N. Argentina Jr.

  As we debate whether there will be a “soft” or “hard” landing of the economy and the resulting effect of different landings on the volume of bankruptcy filings, it is helpful to review how a bankruptcy filing affects not only rights between a creditor and the debtor, but also the respective rights of creditors against property held by the debtor.

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