Business Reorganization

Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’
3rd Circuit Delaware Feb 27, 2024

Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
6th Circuit Dec 9, 2023

A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.

Inside ABI March 2024

President’s Column The last 11 months have provided me with the best opportunity to truly appreciate what ABI offers that does not meet the eye at first blush. Following my installation as ABI President in April 2023, I undertook the “ABI Ambassador” role and attended

Legislative Highlights March 2024

Legislative Highlights Senators, State AGs Submit Amicus Briefs Calling for Supreme Court to Reject Georgia-Pacific’s Bankruptcy Maneuver Senate Judiciary Committee Chair Richard Durbin (D-Ill.) and fellow Senate Judiciary Committee colleagues Sens. Sheldon Whitehouse

Inside ABI February 2024

What’s Happening at ABI Become a Preliminary-Round Judge or Brief-Grader for the Duberstein National Bankruptcy Moot Court Competition! Fifty-three teams of law students from around the nation will compete in the 32nd Annual Duberstein Bankruptcy Moot Court Competition