“ In Rem Relief” as Commandeering? Perspectives from Haaland By Nate Juster 1 Is it unconstitutional to force states to record in rem bankruptcy court orders as charges against real property? It could be. In Haaland v. Brackeen , 2 the U.S.…
Supreme Court Grants Cert to Examine Purdue’s $6B Sackler Opioid Settlement The U.S. Supreme Court on Aug. 10 granted an emergency stay application to examine Purdue Pharma’s $6 billion settlement of opioid lawsuits against its Sackler fami…
Think First and File Later: Pitfalls in Claims Litigation By Amelia Martin Adams Almost everything filed in bankruptcy cases bears a signature or affirmation. Documents signed in ink or digitally with an /s/ certify the signatory’s approval…
Event Roundup Southeastern Practitioners Hit Florida’s Shoreline for July’s Southeast Bankruptcy Workshop Amelia Island, Fla., came alive when more than 300 insolvency professionals attended ABI’s Southeast Bankruptcy Workshop at The Ritz-C…
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 dy…
President’s Column Having served as ABI President for just over three months, while it is good to remain focused on advancing the organization, I want to take some time to reflect on life and family. Life takes unexpected turns. The recent …
Courts Find Obstacles to Limited Representation in Consumer Cases By Stephen W. Sather The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added new responsibilities for consumer debtors. These include pre-petition …
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 trans…
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…
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 …