Business Reorganization

Benchnotes July 2024

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corporate and individual debtors are

9th Circuit May 13, 2024

Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.

Inside ABI May 2024

President’s Column After spending the past year shadowing our outgoing ABI President, Soneet R. Kapila of KapilaMukamal, LLP (Fort Lauderdale, Fla.), I look forward to following in his footsteps as ABI President. His work with the Subchapter V Task Force has been

Questions and Answers with USTP Director Tara Twomey

Questions and Answers with USTP Director Tara Twomey By Tara Twomey T ara Twomey became director of the Executive Office for U.S. Trustees on Feb. 27, 2023. In this article, she answers some questions for the ABI Journal about her career in bankruptcy law and the work

Inside ABI April 2024

President’s Column As I write my final column, I am reflecting on what an ever-advancing organization ABI is. For more than four decades, ABI has been the force of the insolvency and restructuring industry. Under the leadership of each president, the organization has

Legislative Highlights April 2024

Legislative Highlights U.S. Judicial Conference Aims to Promote Random Case Assignment The Judicial Conference of the United States on March 12 proposed strengthening the policy governing random case assignment, limiting the ability of litigants to effectively choose

Supreme Court Mar 19, 2024

Supreme Court Rules on Mootness, but Not Equitable Mootness

The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.