Oversight Results in Uncertainty for Small Business Owners Converting to Subchapter V By Jennifer B. Lyday and Joshua Plummer In February 2020, Congress codified the Small Business Reorganization Act of 2019 (SBRA) as subchapter V of chapte…
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…
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(…
Florida’s Homestead Exemption: Ensuring an Equal Application of the Law By James M. Truett Across the U.S., various states lack uniformity in their bankruptcy homestead-exemption laws pertaining to when debtors qualify for the homestead exe…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Failures by Debtors’ Counsel to Disclose Fee Arrangements “Will Not Be Taken Lightly” In In re Dordevic, 1 counsel for the debtor disclosed that the debtor paid counse…
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 Collapse of SVB and Signature Bank Draw Congressional Spotlight, Criticism in March Hearings Members of Congress utilized two congressional hearings at the end of March to deliver harsh criticism of bank executives an…
President’s Column I transition into the coming year following a year of accomplishments under the presidency of Hon. Kevin J. Carey (ret.) of Hogan Lovells US LLP (Philadelphia). I would be remiss not to acknowledge the mentoring that I ha…
President’s Column In December 2022, I received what Past ABI President Bob Feidler calls his “Christmas Distribution,” his third. Its focus was on the remembrance of anniversaries and major events “in liberty and the law.” What especially …
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…