Law Commons^™

Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha

All Faculty Scholarship

In August 2023, the U.S. Supreme Court temporarily blocked one of the largest public health settlements in history: that of Purdue Pharma, L.P., reached in bankruptcy court. The negotiated bankruptcy settlement approved by the court would give a golden parachute to the very people thought to have ignited the opioid crisis: the Sackler family. As the Supreme Court considers the propriety of immunity through bankruptcy, the case has raised fundamental questions about whether bankruptcy is a proper refuge from tort liability and whether law checks power or law serves power.

Of course, bankruptcy courts often limit liability against a distressed …

Can Tax Sales Be Avoided In Bankruptcy Cases?, Zachary W. Langrehr

Saint Louis University Law Journal

No abstract provided.

Municipal Bankruptcy Authorization Under Chapter 9: A Call For Uniformity Among States, Tom D. Hoffmann

Saint Louis University Public Law Review

No abstract provided.

Undo Undue Hardship: An Objective Approach To Discharging Federal Students Loans In Bankruptcy, Aaron N. Taylor

All Faculty Scholarship

A debtor seeking to discharge student loans in bankruptcy must prove that paying the debt would cause an undue hardship upon him and his dependents. Undue hardship, however, is an undefined concept, flummoxing debtors, creditors and judges alike. The result of this ambiguity is rampant inconsistency in the manners in which similarly-situated debtors (and creditors) are treated by the courts. This article argues that the undue hardship standard should be replaced by a framework that uses debt service thresholds to determine the propriety of federal student loan bankruptcy discharges. Eligibility for discharge would depend on outstanding loan amounts, debtor income …

Teaching Selected Ethical Issues In Bankruptcy, Michael Korybut

Saint Louis University Law Journal

No abstract provided.

Teaching Selected Ethical Issues In Bankruptcy, Michael Korybut

All Faculty Scholarship

Both consumer and business bankruptcies present numerous ethical questions. Like any lawyer, the bankruptcy attorney must be familiar with a variety of ethics codes and rules, such as the 1969 ABA Model Code of Professional Responsibility or the 1983 ABA Model Rules of Professional Conduct. Further, the Bankruptcy Code has a number of provisions that raise ethical questions. Accordingly, when the author teaches his Bankruptcy survey course, he devotes time in a number of classes to ethical issues. In particular, the author spends a good part of one class on Bankruptcy Code section 327(a) which prohibits an attorney representing the …

Gender Differences In Accounts Of Bankruptcy, Teresa A. Sullivan

Saint Louis University Public Law Review

No abstract provided.