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 un…
Legislative Highlights Senators, State AGs Submit Amicus Briefs Calling for Supreme Court to Reject Georgia-Pacific’s Bankruptcy Maneuver Senate Judiciary Committee Chair Richard Durbin (D-Ill.) and fellow Senate Judiciary Committee colleag…
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’…
Property Disclosure Duties in Chapter 13 By Sumner A. Bourne The consumer bankruptcy system, where the economic resources for investigating debtors’ financial affairs are especially limited, relies on accurate and predictably timed debtor-f…
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 Bank…
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 w…
Recognition of Income-Based Repayment of Student Debt in Disposable Income By Michael Polkoff Student loan debt has generated significant discourse on how it should be treated during bankruptcy, 1 yet the income-based-repayment (IBR) altern…
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently rule…
President’s Column Congratulations to ABI’s 2023 “40 Under 40” Class Last month’s induction of the newest class of ABI’s “40 Under 40” honorees, whose achievements have been described in the front section of this issue, marked another highl…
When a Nonfiling Spouse’s Support of an Adult Child Prevents Relief By Alban Beqiri Imagine a debtor going through chapter 7, hoping for a fresh start, only to get kicked out — not for hiding money or playing games, but because the debtor’s…