When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief
When Is an Emergency Really an Emergency? A Chamber’s Perspective on Urgent Relief By Hon. Selene D. Maddox and Jace Ferraez 1 In bankruptcy practice, “emergency” is a term of art, not a label of convenience. Practitioners frequently invoke it, sometimes reflexively, to
An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment
An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment By Brett Weiss Historically, the Bankruptcy Code has not allowed creditors to force individuals to reorganize. A debtor must voluntarily choose to file under chapters 12 and
Debt’s Grip: Risk and Consumer Bankruptcy
Debt’s Grip: Risk and Consumer Bankruptcy Reviewed by Nicholas G. Glover Written by Prof. Pamela Foohey, Prof. Robert M. Lawless and Dr. Deborah K. Thorne Consumer bankruptcy affects Americans across the socioeconomic spectrum. It is a jarring truth that “[a]lmost every
The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11
The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation