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…

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…

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…

Legislative Highlights Number of Borrowers Utilizing New Student Loan Discharge Process Continues to Increase The Justice Department, in close coordination with the Department of Education, announced 1 on July 17 that the vast majority of s…

President’s Column Subchapter V All members should know that ABI’s Subchapter V Task Force unveiled its final report of recommendations at the Annual Spring Meeting in April. The Final Report revealed that subchapter V of chapter 11 of the …

How Long Can Chapter 13 Plans Last, and What Can Debtors Do to Ensure Timely Completion? By Hon. Charles Novack 1 The “essence of modern bankruptcy law” is “relief and [a] fresh start for the debtor.” 2 Chapter 13 of the Bankruptcy Code off…

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…

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Court Affirms “Enhanced” 37-Month Sentence for Attorney’s Concealment of Brother’s Money The appeal in United States v. Kowalksi concerned the propriety of a 37-month …

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corpor…