Displaying Journal Articles with Tags Practice and Procedure

The Consumer Bankruptcy Reform Act: The Uncoupling of Debts By Brittany M. Woodman The Consumer Bankruptcy Reform Act (CBRA), originally introduced in December 2020, was reintroduced in September 2022 by Sen. Elizabeth Warren (D-Mass.) and …

Some or All Parties-in-Interest? The Gradual Evolution of Factors Considered in Debtors’ Involuntary Conversions By Tom Riske and Evan Miller Bankruptcy is often a tale of “too many creditors chasing too few dollars,” 1 but what happens whe…

Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates By Kristina M. Johnson The protection of the automatic stay is one of the most fundamental, universal rights under the Bankruptcy Code for all debtors. …

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly …

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy By Carissa Sterling 1 The Department of Justice (DOJ), in coordination with the Department of Education (DOE), has released new guidance on the proces…

Here Yesterday, Gone Today: No Authority to Confirm a Modified Chapter 13 Plan Longer than 60 Months After the Expiration of § 1329(d) By Hon. Elizabeth L. Gunn and Don F. Mago The appearance and disappearance just over two years later of §…

When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy By Steven J. Boyajian and Andrew A. DePeau The Equal Access to Justice Act (EAJA) provides litigants with the right to recover attorneys’ fees and costs…

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor ent…

Retirement Contributions Under § 541(b)(7): The True History of BAPCPA § 323: Part II By Carl W. Mills, Karen M. Chau and Hilary McDonnell Editor’s Note: This is the second part of a two-part series. Congress intended the Bankruptcy Abuse P…

Ethics and Our Personal Health: Where Worlds Collide By Laura Day DelCotto In this profession, words matter. Our ethics rules remind us repeatedly of our obligations around civility and professionalism, including our need to encourage publi…