Great article from HuffingtonPost.com re student loan lender Navient Corp./Sallie Mae can be found here.
Over the last couple of years Sen. Elizabeth Warren (pioneer for bankruptcy!) has continually voiced criticism of Navient Corp./Sallie Mae for taking advantage of taxpayer-subsidized funds to reduce its costs without passing along those savings to student loan borrowers.
I have pulled some juicy tidbits from the article here: Read more…
I’m going to do a program at the NACBA Annual Convention in San Francisco this coming May. Entitled Individual Chapter 11s. I better bring my lawyer, Roksana Moradi.
The info is here. Jon
Our associate and friend and fellow blogger had a baby girt last week. Presumably the first of many. We are all extremely happy for her.
The Force Awakens: Objections to Exemptions After Law v. Siegel
Thursday, February 18, 2016 Program 12:00 – 1:00 P.M.
Location Los Angeles County Bar Association 1055 W. 7th Street, Suite 2700 Los Angeles, CA 90017 Read more…
Thursday, December 17, 2015, 12 noon – 1 p.m.
The Ins and Outs of Discovery in Bankruptcy
Speakers:
Jonathan S. Dabbieri (Sullivan Hill Lewin Rez & Engle)
Uzzi O. Raanan (Danning, Gill, Diamond & Kollitz LLP) Read more…
The Earle Hagen Memorial Golf, Tennis and Poker Tournament committee is thrilled to announce that the proceeds of the 7th annual tournament of $28,987.11 were donated to Public Counsel’s Debtor Assistance Project this year. The tourney has now generated over $200,000 for Public Counsel in its seven year history.
As most if not all of you know by now, the bankruptcy community lost Jim King in February. The tourney was his baby and we are proud to have honored his leadership in organizing the event for so many years, and his extraordinary pro bono contributions throughout his legal career. Read more…
Did the Debtor forget to list a lawsuit on his Schedule B or Statement of Financial Affairs?
Judicial estoppel is used to prevent a party from asserting inconsistent positions in different judicial proceedings (i.e. you say one thing in bankruptcy court but then another in state court). This rule was set in Supreme Court case of New Hampshire v. Main (2000).
Although not bankruptcy related, it is useful in my opinion to keep in mind when to use Its versus It’s. Read more…
We have been discussing the usefulness of evidentiary objections in our office. Judge Donovan commented at a cdcbaa meeting once that if there are no evidentiary objections, the evidence, almost whatever it is, is “in,” especially hearsay. We should not depend on the judge to unilaterally ignore evidence that is not properly before the court. Even though the evidence is read and understood either way, the judge will have to overrule the objection or rule on something that is not properly supported. Although we don’t do evidentiary objections as often as we should, I think they are important. Read more…
Pending petition
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-485 | 7th Cir. | TBD | TBD | TBD | TBD | TBD |
Issue: (1) Whether the Brunner test is the proper standard for determining “undue hardship” for the discharge of student loan debt; and (2) whether, if the Brunner test is the proper standard, that test should be (i) modified to eliminate the requirement that a debtor in the past have “made a good faith effort to repay the loans,” and (ii) clarified to establish that a debtor need only prove by a preponderance of the evidence that his inability to pay is “ likely to persist for a significant portion of the repayment period,” not that there is a “certainty of hopelessness.”
| Date | Proceedings and Orders |
|---|---|
| Oct 15 2015 | Petition for a writ of certiorari filed. (Response due November 16, 2015) |
| Nov 10 2015 | Order extending time to file response to petition to and including December 16, 2015. |
