Bankruptcy Litigation

An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.

What’s Happening at ABI Duberstein Problem Released and Call for Judges Fifty-three teams of law students from around the nation will compete in the 31st Annual Duberstein Bankruptcy Moot Court Competition, taking place in New York March 4-6. This year’s problem, which

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

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Pendulum of Deregulation Swings at Consumer Crypto Creditors By Brandon R. Wood Philosopher George Santayana once said, “Those who cannot remember the past are condemned to repeat it.” 1 This quote is apt when describing modern financial markets surrounding

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor entity. Indeed, virtually every

Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).

Exceptions for Discharge Under Chapter 7 By Jessica M. Kincaid and Jonathan S. Hawkins Debtors who file for chapter 7 are normally entitled to a discharge of unsecured debts. Certain debts may not be discharged, however, including any debt “for willful and malicious

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