Business Reorganization

Inside ABI April 2025

President’s Column I still cannot believe it has been a year already since the 2024 Annual Spring Meeting (ASM). As we once again get ready to descend on Washington, D.C., for our annual event later this month, I want to take this time to reflect on the past year, thank

Legislative Highlights April 2025

Legislative Highlights Trump Administration Removes Tara Twomey as EOUST Director The Justice Department removed multiple senior career officials on March 7, 1 including Tara Twomey, the head of the Executive Office for U.S. Trustees (EOUST). Jeffrey Ragsdale, the head

Benchnotes May 2025

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Priority Wage Claims Must Be Counted for Sub V Eligibility, Even if Paid Post-Petition In a case of first impression, Hon. Eduardo V. Rodriguez of the U.S. Bankruptcy Court for the Southern

Courts Divided on Broad or Narrow Grounds for Transferring Venue Under Section 1412

Some courts don’t transfer venue under 28 U.S.C. § 1412 if the claims are only ‘related to’ the bankruptcy and don’t arise in the bankruptcy case or arise under the Bankruptcy Code.

For Fraudulent Transfers, Retailers Needn’t Police Who Receives Value from the Purchase

Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.
9th Circuit Feb 26, 2025

Student Loans for a Professional Degree Weren’t Business Debts to Qualify for Sub V

The Ninth Circuit didn’t completely close the door to a finding in another case that student loans for a professional degree could be business debts making the debtor eligible for Subchapter V of chapter 11.