Consumer Bankruptcy

Inside ABI March 2023

President’s Column It seems appropriate that, in ABI’s 40th year, it has returned fully to in-person conferences. I, along with many other ABI members and attendees, have relished the full calendar of top-flight educational programs and networking at locations not to be

10th Circuit New Mexico Feb 10, 2023

Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property

Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy By Carissa Sterling 1 The Department of Justice (DOJ), in coordination with the Department of Education (DOE), has released new guidance on the process through which DOJ attorneys

Ownership Issues in Crypto Cases

Ownership Issues in Crypto Cases By Justin Bernbrock, Jennifer Nassiri and Pouneh Almasi 1 Since the so-called “crypto winter” hit the industry in May 2022, several major crypto companies have filed for bankruptcy. 2 Given the unique nature of digital assets such as

11th Circuit Feb 16, 2023

Eleventh Circuit Explains an Interlocutory Order Can Become ‘Final’ for an Appeal

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.