Diane J Kim

December 22, 2022 | The Legal Intelligencer

On Nov. 17, Biden's administration published instructive guidance to the Department of Education and the Department of Justice on how to treat student loan debt relief in bankruptcy court by standardizing the burden of "undue hardship" under Section 523(a)(8) of the Bankruptcy Code.

By Rudolph J. Di Massa and Diane J. Kim

7 minute read

February 09, 2022 | The Legal Intelligencer

In In re East Penn Children's Learning Academy, (Bankr. E.D. Pa. Dec. 3, 2020), the U.S. Bankruptcy Court for the Eastern District of Pennsylvania made clear that Section 502(b)(6) of the Bankruptcy Code provides a statutory limitation—rather than a formula for the calculation—of a landlord's actual damages in the event of its tenant's breach.

By Rudolph J. Di Massa Jr. and Diane J. Kim

7 minute read

December 23, 2020 | The Legal Intelligencer

In City of Chicago v. Fulton, the U.S. Supreme Court is poised to rule on whether a creditor must, under the automatic stay provision of the Bankruptcy Code, affirmatively return property to a debtor once she files a petition for relief.

By Rudolph J. Di Massa Jr. and Diane J. Kim

7 minute read