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 …
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…
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…
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 …
Increasing Values Result in Creative Homestead Exemption Claims By Hon. Elizabeth L. Gunn and Shelby E. Kostolni The economy following the COVID-19 pandemic has created an environment where many homeowners find themselves in a situation whe…
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…
Legislative Highlights “Corporate Crimes Against Health Care Act of 2024” Introduced in Response to Steward Health Care Bankruptcy Sens. Elizabeth Warren and Ed Markey (D-Mass.) on June 11 introduced a new bill 1 aiming to crack down on “pr…
The Exchange: Turning Over Tax Refunds After ACP Expiration to Obtain a Longer Plan Term By Michael T. Brown The Bankruptcy Code 1 limits a chapter 13 debtor with “below-median income” 2 to a repayment term of three years 3 “unless the cour…
President’s Column Last month, I wrote about the New York City Bankruptcy Conference being my first as ABI President. What an experience! And, yes, my live Peloton ride was nearly as exciting. For any Peloton Bike users, I was excited to ta…
Legislative Highlights Senate Leaders Take Different Legislative Paths to Curb ‘Judge-Shopping’ Senate Majority Leader Chuck Schumer (D-N.Y.) and Senate Minority Leader Mitch McConnell (R-Ky.) on April 10 each introduced legislation that wo…