Business Reorganization

Legislative Highlights May 2023

Legislative Highlights Collapse of SVB and Signature Bank Draw Congressional Spotlight, Criticism in March Hearings Members of Congress utilized two congressional hearings at the end of March to deliver harsh criticism of bank executives and federal regulators in the

Supreme Court Apr 25, 2023

Supreme Court Hears Oral Argument on Tribal Sovereign Immunity

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

Notification of Bankruptcy Requires Lifting Garnishment of Post-Petition Income

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

Core vs. Non-Core Doesn’t Determine Whether Arbitration Will Be Enforced

Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.
6th Circuit Mar 28, 2023

‘Person Aggrieved’ for Appellate Standing Test May Have Died, but May Be Resurrected

Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.

Inside ABI April 2023

President’s Column In December 2022, I received what Past ABI President Bob Feidler calls his “Christmas Distribution,” his third. Its focus was on the remembrance of anniversaries and major events “in liberty and the law.” What especially captivated my interest was a

Legislative Highlights April 2023

Legislative Highlights Warren, Porter, Dozens of Democratic Lawmakers Introduce Bill to Repeal 2018 Rollback of Dodd-Frank Protections Sen. Elizabeth Warren (D-Mass.) and U.S. Rep. Katie Porter (D-Calif.) led dozens of Democratic lawmakers on March 14 to introduce the

Academics Lay Out Proposals for Digital Asset Safeguards at Senate Hearing

Academics Lay Out Proposals for Digital Asset Safeguards at Senate Hearing After examining related issues in the previous 117th Congress, the Senate Banking Committee convened a hearing on Feb. 14 titled, “Crypto Crash: Why Financial System Safeguards Are Needed for