BAPCPA at 10

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

Dazed and Confused: Circuit Split Regarding Retirement Contributions in Chapter 13 Cases By Hon. Paul R. Hage and Kelley M. Donnelly This article examines § 541(b)(7) of the Bankruptcy Code, a provision that has been characterized as “awkward,” a “gordian knot” and

Must Debtors Contribute Exempt Assets to Pay Creditors? By Lisa Boardman Burnette Is a chapter 13 debtor required to use exempt personal-injury settlement proceeds to pay creditors in a plan that provides less than 100 percent payment to unsecured creditors? Courts

Recognition of Income-Based Repayment of Student Debt in Disposable Income By Michael Polkoff Student loan debt has generated significant discourse on how it should be treated during bankruptcy, 1 yet the income-based-repayment (IBR) alternative intended to reduce the

“ In Rem Relief” as Commandeering? Perspectives from Haaland By Nate Juster 1 Is it unconstitutional to force states to record in rem bankruptcy court orders as charges against real property? It could be. In Haaland v. Brackeen , 2 the U.S. Supreme Court considered

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

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