Feature

Giving Debtors Their Fair Shake: What Happens to Nonexempt Equity Increases in Debtors’ Homes in Converted Chapter 7 Cases By Andrew Bates 1 Following decisions from the Eighth and Ninth Circuits, chapter 13 filers could find themselves in a difficult predicament

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

How Long Can Chapter 13 Plans Last, and What Can Debtors Do to Ensure Timely Completion? By Hon. Charles Novack 1 The “essence of modern bankruptcy law” is “relief and [a] fresh start for the debtor.” 2 Chapter 13 of the Bankruptcy Code offers an effective path to such

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

Could You Be a Debtor? SDNY Renders Decision in Chapter 15 Proceeding for SVB Cayman Branch By Luke A. Barefoot, Thomas S. Kessler and Ethan Singer 1 The failure of Silicon Valley Bank (SVB), the second-largest bank failure in U.S. history, in March 2023 rocked the

Avoidance Exposure for Transfers of Exemptible Assets By Brett D. Lieberman and Olivia Webb Bankruptcy courts are regularly tasked with analyzing situations in which debtors attempt to transform, through transfer or otherwise, nonexempt property into exempt property. In

Untangling the Sub V Eligibility Criteria for Individual Debtors By Kellie Fisher and Adam R. Prescott Editor’s Note: ABI’s Subchapter V Task Force, launched in April, will study practitioners’ experiences with the three-year-old law, culminating in a final report to be

When Federal Law Collides: Application of the Equal Access to Justice Act in Bankruptcy By Steven J. Boyajian and Andrew A. DePeau The Equal Access to Justice Act (EAJA) provides litigants with the right to recover attorneys’ fees and costs after prevailing on claims

10 Lessons from 40 Years of Service By Clifford J. White III 1 I had the privilege of leading the U.S. Trustee Program (USTP), known as the “watchdog” of the bankruptcy system, for 17 years. In March 2022, I retired after more than 40 years in public service, almost all

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