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…
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 …
Complications of Interstate Exemption Law and Marriage By Edward Boltz and Lori Patton The consumer bankruptcy exemption scheme has always been complicated. Even when the whole nation operated under 11 U.S.C. § 522, each state had the optio…
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…
Legislative Highlights Warren, Porter, Dozens of Democratic Lawmakers Introduce Bill to Repeal 2018 Rollback of Dodd-Frank Protections Sen. Elizabeth Warren (D-Mass.) and U.S. Rep. Katie Porter (D-Calif.) led dozens of Democratic lawmakers …
Ownership Issues in Crypto Cases By Justin Bernbrock, Jennifer Nassiri and Pouneh Almasi 1 Since the so-called “crypto winter” hit the industry in May 2022, several major crypto companies have filed for bankruptcy. 2 Given the unique nature…
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly …
Academics Lay Out Proposals for Digital Asset Safeguards at Senate Hearing After examining related issues in the previous 117th Congress, the Senate Banking Committee convened a hearing on Feb. 14 titled, “Crypto Crash: Why Financial System…
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…
A Brief History of Student Loan Treatment in Bankruptcy Cases By Maurice “Mac” VerStandig As the 118th Congress begins its work, a blend of campaign promises 1 and previous legislative introductions 2 offer every reason to believe that the …