“ In Rem Relief” as Commandeering? Perspectives from Haaland By Nate Juster 1 Is it unconstitutional to force states to record in rem bankruptcy court orders as charges against real property? It could be. In Haaland v. Brackeen , 2 the U.S.…
Legislation Introduced to Cap Credit Cards’ Annual Percentage Rate Sen. Josh Hawley (R-Mo.) introduced the “Capping Credit Card Interest Rates Act” on Sept. 12 to cap the interest rate for credit cards at a “common-sense level” of 18 percen…
Untangling the Sub V Eligibility Criteria for Individual Debtors By Kellie Fisher and Adam R. Prescott Editor’s Note: ABI’s Subchapter V Task Force, launched in April, will study practitioners’ experiences with the three-year-old law, culmi…
President’s Column Subchapter V Task Force It is hard not to acknowledge the incredible progress of the Subchapter V Task Force ( subvtaskforce.abi.org ) and the commitment being demonstrated by its members. With the closing of the survey q…
Exceptions for Discharge Under Chapter 7 By Jessica M. Kincaid and Jonathan S. Hawkins Debtors who file for chapter 7 are normally entitled to a discharge of unsecured debts. Certain debts may not be discharged, however, including any debt …
By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debtor Must Pay Default Rate Interest to Cure Defaulted Debt; Takes Deep Dive into Difficult Issue While plenty has been written on the issue of what a debtor must do to “cure” a…
Supreme Court Grants Cert to Examine Purdue’s $6B Sackler Opioid Settlement The U.S. Supreme Court on Aug. 10 granted an emergency stay application to examine Purdue Pharma’s $6 billion settlement of opioid lawsuits against its Sackler fami…
Event Roundup Southeastern Practitioners Hit Florida’s Shoreline for July’s Southeast Bankruptcy Workshop Amelia Island, Fla., came alive when more than 300 insolvency professionals attended ABI’s Southeast Bankruptcy Workshop at The Ritz-C…
Think First and File Later: Pitfalls in Claims Litigation By Amelia Martin Adams Almost everything filed in bankruptcy cases bears a signature or affirmation. Documents signed in ink or digitally with an /s/ certify the signatory’s approval…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Bankruptcy Court Limits Bartenwerfer to Partnership or Agency Debts, Finding It Inapplicable to Fraudulent-Transferee Liability Can the recipient of a fraudulent trans…