Automotive Distress and Restructuring Considerations for 2026
Automotive Distress and Restructuring Considerations for 2026 By Joel E. Cohen and Raymond Roth, III New tariffs and their impacts on U.S. businesses have been at the forefront of recent news. While the automotive industry received a lot of this attention, tariffs are
No Pleading Around the ‘Due Diligence’ Requirement for a Preference Complaint
Delaware’s Bankruptcy Judge Horan gives examples of preference complaints that adequately plead performance of due diligence.
Proceeds from Sales of Cryptocurrencies Held to Be ‘Income’ for CMI Analysis
North Carolina’s Judge McAfee distinguishes between sales of personal assets and sales of investment assets in deciding whether proceeds are derived from ‘income’ and must be included in the current monthly income analysis.
A ‘13’ Plan Can’t Pay Nondischargeable Debt in Full and Give Nothing to Other Creditors
Bankruptcy Judge Jeffery Deller of Pittsburgh defines impermissible discrimination among unsecured creditors in a chapter 13 plan.
A Chapter 7 Debtor Keeps a Tort Claim Reincarnated After Filing
A tort claim time-barred at filing doesn’t become estate property when the legislature reopens the statute of limitations.
No Interest for Unsecured Creditors in Full-Payment Chapter 13 Plans
Courts are split on whether unsecured creditors are entitled to interest in full payment plans when debtors are paying less than monthly disposable income.
Tax Refund Turnover Isn’t Required When the ‘13’ Plan Pays Creditors in Full
Chapter 13 trustee can’t require a debtor to maintain a ‘safety net,’ Bankruptcy Judge Hillen says.
Fifth Circuit Has No Bright-Line Rule Cutting Off Objections to Exemptions
When a trustee doesn’t file a notice with the adjourned date of a creditors’ meeting, equitable considerations govern when or whether the time expired for objecting to exemptions.
Inside ABI December 2025
Event Roundup ABI’s Annual Health Care Program Returns to DC ABI’s Health Care Program, a one-of-a-kind conference focusing on the future of health care and the latest on restructurings in this critical industry, returned to its roots in Washington, D.C., Oct. 22-23 at
Ninth Circuit Will Sit En Banc to Decide Whether Trustees Have Qualified Judicial Immunity
The Ninth Circuit will sit en banc, presenting the possibility of a circuit split that could end up stripping bankruptcy trustees of qualified judicial immunity.