A student loan is discharged under Chapter 13 unless the creditor can show “undue hardship.”
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The same principles that govern the filing of a liquidation…
The same principles that govern the filing of a liquidation petition apply to reorganization proceedings.
Generally, acceptance of an offer to lease goods may be made…
Generally, acceptance of an offer to lease goods may be made in any reasonable manner and by any reasonable means.
Larry has fifteen creditors. To force Larry into bankruptcy…
Larry has fifteen creditors. To force Larry into bankruptcy proceedings, at least three creditors must join the petition and their unsecured claims must add up to at least
Ferris is refinishing his kitchen floor and needs a floor sa…
Ferris is refinishing his kitchen floor and needs a floor sander to complete the job. Ferris’s neighbor Gena suggests that he call Home Repair Rentals, Inc. Home Repair leases Ferris a floor sander. In this transaction, the lessor is
If goods identified to a contract are destroyed through no f…
If goods identified to a contract are destroyed through no fault of either party, both parties are excused from performance.
The doctrine of commercial impracticability only extends to…
The doctrine of commercial impracticability only extends to problems that are unforeseen.
If, before the time for performance, a buyer communicates an…
If, before the time for performance, a buyer communicates an intent not to perform, the seller can consider the buyer in breach and pursue a remedy.
For individual debtors, the plan in a reorganization case mu…
For individual debtors, the plan in a reorganization case must be completed before a discharge will be granted.
A security interest is enforceable only if the debtor has ti…
A security interest is enforceable only if the debtor has title to the collateral.