Healthco and the "insolvency exception": an unnecessary expansion of the doctrine?

Article Abstract:

The author discuss the increasing tendency of courts to recognize an implicit fiduciary duty of corporate directors of debtor corporations to corporate creditors when the debtor is 'in the vicinity of insolvency.'

States, Fiduciary duties

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The dischargeability of student loans: an undue burden?

Article Abstract:

The author discusses the problems inherent to the non-dischargeability of student loans under the Bankruptcy Code. Tests adopted by the courts for determining when a debtor qualifies for the undue hardship exception to the exemption from discharge are outlined.

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Partial dischargeability of property in a divorce settlement: a call for an equitable remedy under Section 523(a)(15) of the Bankruptcy Code

Article Abstract:

Courts have disagreed on whether debtor spouses should be able to discharge their debts to creditor spouses under Bankruptcy Code Section 523(a)(15). Many courts have adopted an all-or-nothing rule under which debts are either entirely dischargeable or not dischargeable at all. A partial discharge approach is preferable because it is less damaging to the statutory presumption that all debts are nondischargeable.

Divorce settlements

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