Business Reorganization

Legislative Highlights September 2023

Supreme Court Grants Cert to Examine Purdue’s $6B Sackler Opioid Settlement The U.S. Supreme Court on Aug. 10 granted an emergency stay application to examine Purdue Pharma’s $6 billion settlement of opioid lawsuits against its Sackler family owners, agreeing to hear

11th Circuit Aug 14, 2023

Eleventh Circuit Narrowly Reads a State Fee-Shifting Statute

The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.
4th Circuit Aug 18, 2023

Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.

Benchnotes October 2023

By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debtor Must Pay Default Rate Interest to Cure Defaulted Debt; Takes Deep Dive into Difficult Issue While plenty has been written on the issue of what a debtor must do to “cure” and reinstate an accelerated

Inside ABI August 2023

President’s Column Having served as ABI President for just over three months, while it is good to remain focused on advancing the organization, I want to take some time to reflect on life and family. Life takes unexpected turns. The recent passing of Bill Brandt of

Untangling the Sub V Eligibility Criteria for Individual Debtors

Untangling the Sub V Eligibility Criteria for Individual Debtors By Kellie Fisher and Adam R. Prescott Editor’s Note: ABI’s Subchapter V Task Force, launched in April, will study practitioners’ experiences with the three-year-old law, culminating in a final report to be

9th Circuit Jul 3, 2023

Ninth Circuit Won’t Give Pro Se Litigants Slack About Consent to Final Adjudication

Wellness International may have undercut prior Second Circuit authority giving pro se litigants a loophole for arguing there was no implied consent to final adjudication by an Article I judge.