President’s Column I’m not a big fan of cliches, but “time flies when you’re having fun” is ringing in my ears as I write what will be my penultimate President’s Column and wondering how the months have passed so quickly since I took the ga…
Honest, but Still Unfortunate?Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge By Mark A. Fink and Richard E. Willi III As the U.S. Supreme Court has stated, the Bankrupt…
Automotive Distress and Restructuring Considerations for 2026 By Joel E. Cohen and Raymond Roth, III New tariffs and their impacts on U.S. businesses have been at the forefront of recent news. While the automotive industry received a lot of…
Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, …
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-…
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 …
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Third Circuit Discusses Equitable Authority to Appoint Receivers for Corporations, Ownership of Successor-Liability Claims In a consolidated appeal, the Third Circui…
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 Wa…
Debt’s Grip: Risk and Consumer Bankruptcy Reviewed by Nicholas G. Glover Written by Prof. Pamela Foohey, Prof. Robert M. Lawless and Dr. Deborah K. Thorne Consumer bankruptcy affects Americans across the socioeconomic spectrum. It is a jarr…
Should Courts Use the Separate-Filings Rule to Allocate Tax Refunds Among Spouses? By James C. Lanik When spouses file a joint chapter 7 petition, two estates are created, 1 although those estates are typically jointly administered. 2 The a…