Consumer Debt

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Bankruptcy Court Limits Bartenwerfer to Partnership or Agency Debts, Finding It Inapplicable to Fraudulent-Transferee Liability Can the recipient of a fraudulent transfer discharge the claim in

After Bartenwerfer, What Is an “Honest Debtor”? By Kaila D. Spivey The Bankruptcy Code provides a fresh start to the honest-but-unfortunate debtor. 1 An “honest debtor” is one who accurately discloses necessary information and abides by the Code. 2 However, after the U

Consumer Bankruptcy and Capitalist Exploitation By Dr. Michael D. Sousa Editor’s Note: This is an opinion piece and only reflects the viewpoints of the author. In Capital Volume I , German philosopher and economist Karl Marx unpacked the dynamics of capitalism by

The Consumer Bankruptcy Reform Act: The Uncoupling of Debts By Brittany M. Woodman The Consumer Bankruptcy Reform Act (CBRA), originally introduced in December 2020, was reintroduced in September 2022 by Sen. Elizabeth Warren (D-Mass.) and Rep. Jerrold Nadler (D-N.Y.)

Complications of Interstate Exemption Law and Marriage By Edward Boltz and Lori Patton The consumer bankruptcy exemption scheme has always been complicated. Even when the whole nation operated under 11 U.S.C. § 522, each state had the option to decline the use of

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 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

Some or All Parties-in-Interest? The Gradual Evolution of Factors Considered in Debtors’ Involuntary Conversions By Tom Riske and Evan Miller Bankruptcy is often a tale of “too many creditors chasing too few dollars,” 1 but what happens when creditors and parties-in