Bill Introduced to Permanently Increase Thresholds for Subchapter V, Chapter 13 Congressional supporters have renewed their push in the second term of the 119th Congress to increase the debt-eligibility limits for small business subchapter …
The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals By Daryl J. Smith Chapter 13 is an essential component of the U.S. consumer bankruptcy system, offering debtors an opportunity to reorganize their finance…
Protections for Consumers and Consumer Lawyers: The ESCRA By Edward Boltz Shortly after the commencement of the 119th Congress, Reps. Young Kim (R-Calif.) and Sarah McBride (D-Del.) introduced the Ending Scam Credit Repair Act (ESCRA) 1 to …
Cultivating Clarity: Resolving the Circuit Split on Ch. 12 Conversions By Christianna Cathcart Section 1208 of the Bankruptcy Code, governing the dismissal and conversion of chapter 12 cases, has been a persistent source of judicial divisio…
Recapping the 118th Congress When the 118th Congress convened on Jan. 3, 2023, lawmakers were intent on examining the collapse of FTX bankruptcy and the cryptocurrency industry, many COVID-19 stimulus programs had sunset, and the political …
Has Congress Opted Out of the Bankruptcy Clause? By Zachary A. Phillips More than two years have passed since the U.S. Supreme Court used the Bankruptcy Clause in Siegel v. Fitzgerald to rule that the differing fee systems for chapter 11 ca…
2023 Legislative Roundup By Brittany M. Woodman Compared to 2022, 2023 saw an 18 percent increase in total bankruptcy filings. 1 While bankruptcy filings increased and U.S. Supreme Court decisions hoped to deliver clarity among circuits, pr…
Select Comments/Questions Posed by SCOTUS Justices During Oral Argument in Harrington v. Purdue Pharma The U.S. Supreme Court on Dec. 4 heard oral argument in Harrington v. Purdue Pharma LP. The issue before the court is whether the Bankrup…
New EOUST Director Discusses the Path to Her Position, Tackling Current Challenges and What Lies Ahead T ara Twomey was appointed director of the Executive Office for U.S. Trustees (EOUST) on Feb. 27, 2023. She was previously executive dire…
Soldiers and Recent Veterans May Soon Be Subject to the Means Test By Maurice “Mac” VerStandig Editor’s Note: ABI’s Task Force on Veterans and Servicemembers Affairs provides accessible resources for military members. Please visit veterans.…