The compensation of a debtor’s attorneys in Chapter 11 bankruptcy is a balancing act. There are two issues to consider. First, for every dollar paid to an attorney, the size of the debtor’s estate decreases, meaning unsecured creditors recover less of their claims. Second, if attorneys do not represent the estate because they are not…
Author: Dave Queroli
Student Loan Discharges under 11 U.S.C. § 523(a)(8)
One of the hallmarks of the United States Bankruptcy Code is that debtors can receive discharges of their unsecured debts, and the effects of the discharge are shouldered by the debtor’s unsecured creditors in pro rata fashion. However, not all debts are dischargeable; for example, taxes or customs duties cannot be discharged, nor can debts…
Tesla Moves Forward with its Battery Plant, Despite Continued Resistance from States
Tesla, one of the most innovative car companies the United States has ever seen, has for years struggled to acquire the right to sell its cars directly to consumers; however, notwithstanding its staunch opposition, Tesla is in the process of finalizing a deal that would see Nevada as the host state for its new battery…