Alane A. Becket

The Religious Liberty and Charitable Donation Protection Act of 1998 ("Religious Liberty Act") was the latest move in the battle between the Supreme Court and Congress over a debtor's right to tithe in bankruptcy. The Act directly targets a trustee's ability to avoid

While we begin to digest all of the new opinions on the complicated and sometimes ambiguous provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), it may also be a good time to recall one of the more mundane and by now familiar

In 1995, in Field v. Mans, 1 the U.S. Supreme Court held that the standard for creditor reliance in fraud cases under §523(a)(2)(A) is justifiable reliance. Although not a credit card case, the Court shed light on what type of investigation was necessary before a

Case Management/Electronic Case Filing (CM/ECF) implementation in the bankruptcy courts has been underway since early 2001. Currently, approximately 61 courts are operational, with more scheduled to become activated each month. With the advent of CM/ECF come some

The Bankruptcy Code does not exist in a vacuum. Inevitably, there will be overlap between the Code and other federal and state statutes. Federal pre-emption resolves many conflicts arising with state laws. However, where the Bankruptcy Code collides with another federal

Over the course of the last several months, three submissions to the ABI Journal have dealt with proof-of-claim documentation and related issues. 1 This topic has sharply divided bankruptcy practitioners into the obvious segments of creditors vs. debtors, but has also

arlier this year, the Fifth Circuit Court of Appeals took the unusual step of granting a rehearing en banc to determine the standard for non-dischargeability of credit card debt in In re Mercer, 246 F.3d 391 (Miss. 2001). The rehearing followed a circuit court opinion