Courts Find Obstacles to Limited Representation in Consumer Cases By Stephen W. Sather The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added new responsibilities for consumer debtors. These include pre-petition …
President’s Column Having served as ABI President for just over three months, while it is good to remain focused on advancing the organization, I want to take some time to reflect on life and family. Life takes unexpected turns. The recent …
Consumer Bankruptcy and Capitalist Exploitation By Dr. Michael D. Sousa Editor’s Note: This is an opinion piece and only reflects the viewpoints of the author. In Capital Volume I , German philosopher and economist Karl Marx unpacked the dy…
After Bartenwerfer, What Is an “Honest Debtor”? By Kaila D. Spivey The Bankruptcy Code provides a fresh start to the honest-but-unfortunate debtor. 1 An “honest debtor” is one who accurately discloses necessary information and abides by the…
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Supreme Court Holds that § 363(m) Does Not Create Jurisdictional Bar; Side-Steps Mootness Issue Under 11 U.S.C. § 363(m), absent a stay of an order approving a sale or…
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 …
President’s Column Subchapter V Task Force We can use all your help! Consistent with my primary initiative announced at my installation at the Annual Spring Meeting in April, the Subchapter V Task Force is off to the races (not the Kentucky…
Legislative Highlights Awaiting Decision of Supreme Court, Biden Vetoes Measure to Cancel Student Debt Relief President Joe Biden on June 7 vetoed a legislative measure (House Joint Resolution 45) that would have canceled his plan to forgiv…
Oversight Results in Uncertainty for Small Business Owners Converting to Subchapter V By Jennifer B. Lyday and Joshua Plummer In February 2020, Congress codified the Small Business Reorganization Act of 2019 (SBRA) as subchapter V of chapte…