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…
What’s Happening at ABI Become a Preliminary-Round Judge or Brief-Grader for the Duberstein National Bankruptcy Moot Court Competition! Fifty-three teams of law students from around the nation will compete in the 32nd Annual Duberstein Bank…
President’s Column Congratulations to ABI’s 2023 “40 Under 40” Class Last month’s induction of the newest class of ABI’s “40 Under 40” honorees, whose achievements have been described in the front section of this issue, marked another highl…
Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A) By Jeffrey S. Fraser The automatic stay, provided for in § 362 of the Bankruptcy Code, is widely regarded as one of the most (if not the most) essential features of bankr…
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently rule…
When a Nonfiling Spouse’s Support of an Adult Child Prevents Relief By Alban Beqiri Imagine a debtor going through chapter 7, hoping for a fresh start, only to get kicked out — not for hiding money or playing games, but because the debtor’s…
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…
The Transition to Virtual § 341 Meetings: Lessons Learned, and Looking Ahead By Michael Bujold, Robert Gebhard, Patrick Layng, Krista Hale and Nicole Zollars Before the COVID-19 pandemic, with few exceptions, § 341 meetings of creditors 1 f…
Legislative Highlights “National Guard and Reservists Debt Relief Extension Act of 2023” Passes in House, Awaits Senate Consideration The House of Representatives passed H.R. 3315, the “National Guard and Reservists Debt Relief Extension Ac…
The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation By Charissa Potts Imagine this hypothetical: An honest debtor in a confirmed chapter 13 plan becomes unable to afford her mortgage payment due to circumstances beyond her con…