Consumer Bankruptcy

President’s Column I write this column as I reflect on my first few weeks as ABI President. I still feel overwhelmed by the honor of leading this incredible organization, but I also feel sheepish about the amount of coverage it has garnered. Between ABI’s press team

ABI’s Resident Scholar Program to Restart in the Fall By Carolyn M. Kanon and Hon. Hannah L. Blumenstiel ABI will be restarting its Robert M. Zinman Scholar-in-Residence program starting with the fall 2024 semester. Funded by ABI’s Anthony H.N. Schnelling Endowment Fund

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 would alter how certain cases

Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.

Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.

Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?

Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.

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 where they are “house rich” but

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 corporate and individual debtors are

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.