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…
The Transition to Virtual § 341 Meetings: Lessons Learned, and Looking Ahead By Michael Bujold, Robert Gebhard, Patrick Layng, Krista Hale and Nicole Zollars Before the COVID-19 pandemic, with few exceptions, § 341 meetings of creditors 1 f…
Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A) By Jeffrey S. Fraser The automatic stay, provided for in § 362 of the Bankruptcy Code, is widely regarded as one of the most (if not the most) essential features of bankr…
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…
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack District Court Finds that Free-and-Clear Sale Orders Have No Impact on a Purchaser’s Successorship Obligations Under NLRA The U.S. District Court for the District of D…
Legislative Highlights The “National Guard and Reservists Debt Relief Extension Act of 2023” Passes out of House Judiciary Committee H.R. 3315, the “National Guard and Reservists Debt Relief Extension Act of 2023,” passed out of the House J…
President’s Column It has been a fast-paced time frame, and several events warrant mention: the annual meeting of the National Conference of Bankruptcy Judges (NCBJ), along with ABI’s Midwestern Bankruptcy Institute, International Insolvenc…
Tug-of-War over Post-Confirmation Appreciation in Chapter 13 By Krispen Carroll Everybody likes a windfall, the happenstance of financial luck that seems to come out of the blue. American homeowners were justified to feel like they were the…
The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation By Charissa Potts Imagine this hypothetical: An honest debtor in a confirmed chapter 13 plan becomes unable to afford her mortgage payment due to circumstances beyond her con…
New EOUST Director Discusses the Path to Her Position, Tackling Current Challenges and What Lies Ahead T ara Twomey was appointed director of the Executive Office for U.S. Trustees (EOUST) on Feb. 27, 2023. She was previously executive dire…