Displaying Journal Articles with Tags Consumer Bankruptcy

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…

President’s Column As I write my final column, I am reflecting on what an ever-advancing organization ABI is. For more than four decades, ABI has been the force of the insolvency and restructuring industry. Under the leadership of each pres…

Credit-Rating Agency Reform in the Shadow of Dodd-Frank By Arielle Allen Editor’s Note: To commemorate their roles in the bankruptcy community and carry their legacies forward to future generations of law students, the Hon. Larry E. Kelly B…

Avoidance Exposure for Transfers of Exemptible Assets By Brett D. Lieberman and Olivia Webb Bankruptcy courts are regularly tasked with analyzing situations in which debtors attempt to transform, through transfer or otherwise, nonexempt pro…

President’s Column The last 11 months have provided me with the best opportunity to truly appreciate what ABI offers that does not meet the eye at first blush. Following my installation as ABI President in April 2023, I undertook the “ABI A…

Must Debtors Contribute Exempt Assets to Pay Creditors? By Lisa Boardman Burnette Is a chapter 13 debtor required to use exempt personal-injury settlement proceeds to pay creditors in a plan that provides less than 100 percent payment to un…

Legislative Highlights Senators, State AGs Submit Amicus Briefs Calling for Supreme Court to Reject Georgia-Pacific’s Bankruptcy Maneuver Senate Judiciary Committee Chair Richard Durbin (D-Ill.) and fellow Senate Judiciary Committee colleag…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’…

Property Disclosure Duties in Chapter 13 By Sumner A. Bourne The consumer bankruptcy system, where the economic resources for investigating debtors’ financial affairs are especially limited, relies on accurate and predictably timed debtor-f…

Legislative Highlights Supreme Court Appears Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees The U.S. Supreme Court heard oral argument on Jan. 9 1 in Office of the U.S. Trustee v. John Q. Hammons Fall 2006 LLC 2 to decide w…