Displaying Journal Articles with Tags Consumer Bankruptcy

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eight…

Legislative Highlights Federal Reserve Proposes Scaled-Back Bank Capital Requirements Federal Reserve Vice Chair for Supervision Michael Barr on Sept. 10 unveiled changes to a proposed set of U.S. banking regulations that roughly cuts in ha…

President’s Column I am now halfway through my year as ABI President. Members tend to ask me two questions more than any others about this role: (1) How is all the travel going; and (2) is it worth it? The short answers are “great” and “yes…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Supreme Court Finds No Authority for Nondebtor Third-Party, Nonconsensual Releases In Harrington v. Purdue Pharma LP , 1 the U.S. Supreme Court reversed the Second Cir…

Navigating the Intersection of §§ 507 and 523: Understanding the Priority and Dischargeability of Governmental Debts By Trish D. Lazich and Kristin Radwanick Bankruptcy is a complex legal landscape. The Bankruptcy Code is particularly compl…

Post-Confirmation Jurisdiction in Chapter 13: Is Vesting an Issue? By Robert G. Drummond The filing of a chapter 13 petition creates a bankruptcy estate consisting of the legal and equitable interests of the debtor. 1 Property of the chapte…

Legislative Highlights Legislation Aims to Deter “Texas Two-Step” Maneuver in Bankruptcy U.S. Senators Sheldon Whitehouse (D-R.I.) and Josh Hawley (R-Mo.), and Representatives Emilia Sykes (D-Ohio) and Lance Gooden (R-Texas), on July 23 int…

Return of the Living Claim By Brittany M. Woodman What is “zombie debt” (also referred to as stale debt)? Some have defined it as debt that is not recognized as discharged following a bankruptcy — although the debt is no longer legally enfo…

President’s Column I have now had the honor of starting several regional conferences with the opening remarks. Good thing I am a morning person, as 7:30 a.m. comes quickly after these Opening Receptions! If you have been to any of my remark…

The Transient Debtor and the Debtor’s Homestead Exemption By Laura E. Richardson The U.S. is experiencing a more-than-decade-long trend in migration whereby its population is increasingly relocating between states, even as the overall mover…