Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(…
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…
Legislative Highlights Collapse of SVB and Signature Bank Draw Congressional Spotlight, Criticism in March Hearings Members of Congress utilized two congressional hearings at the end of March to deliver harsh criticism of bank executives an…
President’s Column I transition into the coming year following a year of accomplishments under the presidency of Hon. Kevin J. Carey (ret.) of Hogan Lovells US LLP (Philadelphia). I would be remiss not to acknowledge the mentoring that I ha…
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…
Florida’s Homestead Exemption: Ensuring an Equal Application of the Law By James M. Truett Across the U.S., various states lack uniformity in their bankruptcy homestead-exemption laws pertaining to when debtors qualify for the homestead exe…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Failures by Debtors’ Counsel to Disclose Fee Arrangements “Will Not Be Taken Lightly” In In re Dordevic, 1 counsel for the debtor disclosed that the debtor paid counse…
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. …
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…