To Tell or Not to Tell Isn’t Really a Question: A Debtor’s Duty to Disclose By Hon. Elizabeth L. Gunn and Nisha R. Patel 1 The filing of a bankruptcy petition creates an estate comprised of “virtually all the debtor’s assets,” 2 or, more sp…
President’s Column As I write this, I’m in the midst of a multi-hour delay at Jacksonville, Fla., airport on what has been a “three conferences in three weeks” tour: ABI’s Northeast Bankruptcy Conference & Consumer Forum in my old stomp…
Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5) By Maxwell Milavetz and Sarah Laybourne Cross-collateralized loans are attractive to creditors who can leverage equity in one piece of collater…
Legislative Highlights GENIUS Act Signed into Law to Provide Framework for Stablecoins President Donald J. Trump on July 18 signed the “Guiding and Establishing National Innovation for U.S. Stablecoins Act” (GENIUS Act; Public Law No. 119-2…
The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals By Daryl J. Smith Chapter 13 is an essential component of the U.S. consumer bankruptcy system, offering debtors an opportunity to reorganize their finance…
President’s Column As I have often said, being a judge is a privilege. In a job full of privileges, two of the happiest — and most meaningful — things that I ever got to do is preside over naturalization ceremonies for new American citizens…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Ninth Circuit: Section 1322(c)(2) Allows Bifurcation of Short-Term Loans Secured Against Debtors’ Primary Residences In Mission Hen LLC v. Lee, 2 the Ninth Circuit c…
Good-Faith Conversion Results in Retention of Post-Petition Appreciation By Michelle H. Bass Chapter 7 trustees in the Eighth and Ninth Circuits currently benefit from the holdings in Castleman 1 and Goetz. 2 These opinions permit the recov…
President’s Column This is the first column that I’ve written after this year’s Annual Spring Meeting, and although it will be summer before you read these words, that conference is still fresh in my mind. I loved seeing many of you at the …
In a Chapter 7 Conversion, Where the Debtor Resides Determines Who Keeps an Asset’s Appreciation By Nauni Manty A debtor under a confirmed chapter 13 plan has been making regular plan payments for several months, or perhaps a few years. For…