Consumer Bankruptcy

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 chapter 11 of the Bankruptcy Code. 1

Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates By Kristina M. Johnson The protection of the automatic stay is one of the most fundamental, universal rights under the Bankruptcy Code for all debtors. Or is it? Certainly, when a

Why Courts Need to Consider the Impact of Student Loan Debt on Mental Health By Abigail Stone Student loans have been a hot-button topic for the last several years, especially in recent months since the announcement of President Joe Biden’s student loan forgiveness plan

Retirement Contributions Under § 541(b)(7): The True History of BAPCPA § 323: Part II By Carl W. Mills, Karen M. Chau and Hilary McDonnell Editor’s Note: This is the second part of a two-part series. Congress intended the Bankruptcy Abuse Prevention and Consumer

Joining the majority of courts, Judge Grossman says that the debtor’s conduct, not the identity of the holder of the claim, determines nondischargeability.

If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.