Legislation

Inside ABI April 2026

President’s Column This, my final President’s Column, is all about moments. They come in all sorts of shapes and sizes. One of my favorite expressions from listening to the radio is a “driveway moment.” In the context of car radios, it’s when you’ve already pulled into

Legislative Highlights April 2026

Senators Reintroduce Legislation to Hold Executives Accountable After Big Bank Failures Sens. Elizabeth Warren (D-Mass.), Josh Hawley (R-Mo.), Catherine Cortez Masto (D-Nev.), Ruben Gallego (D-Ariz.), Katie Britt (R-Ala.) and nine additional Senators on March 11 1

Bill Introduced to Permanently Increase Thresholds for Subchapter V, Chapter 13

Bill Introduced to Permanently Increase Thresholds for Subchapter V, Chapter 13 Congressional supporters have renewed their push in the second term of the 119th Congress to increase the debt-eligibility limits for small business subchapter V and consumer chapter 13

Legislative Highlights February 2026

Congress Passes “Bankruptcy Administration Improvement Act” The House of Representatives passed (voice vote) S. 3424, the “Bankruptcy Administration Improvement Act of 2025,” 1 to double the compensation payable to chapter 7 trustees in no-asset cases, extend the sunset

An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment

An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment By Brett Weiss Historically, the Bankruptcy Code has not allowed creditors to force individuals to reorganize. A debtor must voluntarily choose to file under chapters 12 and

Inside ABI December 2025

Event Roundup ABI’s Annual Health Care Program Returns to DC ABI’s Health Care Program, a one-of-a-kind conference focusing on the future of health care and the latest on restructurings in this critical industry, returned to its roots in Washington, D.C., Oct. 22-23 at

The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11

The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation

Legislative Highlights July 2025

Legislative Highlights Bipartisan Legislation Introduced to Double Chapter 7 Trustee Compensation for No-Asset Cases Sen. Chris Coons (D-Del.) on May 7 introduced S. 1659, the “Bankruptcy Administration Improvement Act of 2025,” 1 to double the compensation payable to

The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals

The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals By Daryl J. Smith Chapter 13 is an essential component of the U.S. consumer bankruptcy system, offering debtors an opportunity to reorganize their finances and repay creditors over

Legislative Highlights June 2025

Legislative Highlights N.Y. Fed: U.S. Household Debt Increased 1 Percent in Q1 2025; Student Loan Delinquencies Rise Sharply The Federal Reserve Bank of New York’s Center for Microeconomic Data on May 13 1 issued its Quarterly Report on Household Debt and Credit, which