Creditors' Committee

Bankruptcy Fraud: Still a Threat to the Bankruptcy Process

Bankruptcy Fraud: Still a Threat to the Bankruptcy Process By Elise Mochizuki The recent increase in both consumer and corporate bankruptcy filings is expected to include significant bankruptcy fraud and/or abuse. With the goal of empowering stakeholders to assist the

Cryptocurrency, Blockchain and Bankruptcy

Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered

Benchnotes August 2024

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 sentence for an attorney who

Rising Home Values and Chapter 13: A Deepening Split

When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.