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Pennsylvania Eastern District

Another Example: Student Loans Are Virtually Impossible to Discharge

District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.

Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation

Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.

Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says

Term of the loan is the ‘relevant period’ for judging student loan dischargeability.

Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors

Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.

Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights

Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.

Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale

Courts split on whether failure to redeem on time is fatal in a reorganization.

Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time

Courts split on whether failure to redeem on time is fatal in reorganization.

UCC Inapplicable to Define ‘Received’ for 20-Day Administrative Claims in Foreign Trade

Foreign sellers take note: State law may confer more benefit than international law.