Consumer Bankruptcy

2023 Legislative Roundup

2023 Legislative Roundup By Brittany M. Woodman Compared to 2022, 2023 saw an 18 percent increase in total bankruptcy filings. 1 While bankruptcy filings increased and U.S. Supreme Court decisions hoped to deliver clarity among circuits, proposed bankruptcy legislative

Benchnotes March 2024

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’s total fixed, liquidated

Dispositions of Marital Property Aren’t Always Beyond the Avoiding Powers

A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.

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

Legislative Highlights February 2024

Legislative Highlights Supreme Court Appears Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees The U.S. Supreme Court heard oral argument on Jan. 9 1 in Office of the U.S. Trustee v. John Q. Hammons Fall 2006 LLC 2 to decide whether chapter 11 debtors are

Credit-Rating Agency Reform in the Shadow of Dodd-Frank

Credit-Rating Agency Reform in the Shadow of Dodd-Frank By Arielle Allen Editor’s Note: To commemorate their roles in the bankruptcy community and carry their legacies forward to future generations of law students, the Hon. Larry E. Kelly Bankruptcy American Inn of

Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing

Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.

Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor

When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?

Must Debtors Contribute Exempt Assets to Pay Creditors?

Must Debtors Contribute Exempt Assets to Pay Creditors? By Lisa Boardman Burnette Is a chapter 13 debtor required to use exempt personal-injury settlement proceeds to pay creditors in a plan that provides less than 100 percent payment to unsecured creditors? Courts