Displaying Journal Articles with Tags Consumer Bankruptcy

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 …

President’s Column Subchapter V Task Force We can use all your help! Consistent with my primary initiative announced at my installation at the Annual Spring Meeting in April, the Subchapter V Task Force is off to the races (not the Kentucky…

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Supreme Court Holds that § 363(m) Does Not Create Jurisdictional Bar; Side-Steps Mootness Issue Under 11 U.S.C. § 363(m), absent a stay of an order approving a sale or…

Complications of Interstate Exemption Law and Marriage By Edward Boltz and Lori Patton The consumer bankruptcy exemption scheme has always been complicated. Even when the whole nation operated under 11 U.S.C. § 522, each state had the optio…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(…

Event Roundup New Orleans Plays First-Time Host to Complex Financial Restructuring Program, VALCON New Orleans hosted ABI’s annual Complex Financial Restructuring Program (CFRP) and VALCON programs for the first time. More than 200 attended…

Oversight Results in Uncertainty for Small Business Owners Converting to Subchapter V By Jennifer B. Lyday and Joshua Plummer In February 2020, Congress codified the Small Business Reorganization Act of 2019 (SBRA) as subchapter V of chapte…

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Failures by Debtors’ Counsel to Disclose Fee Arrangements “Will Not Be Taken Lightly” In In re Dordevic, 1 counsel for the debtor disclosed that the debtor paid counse…

Some or All Parties-in-Interest? The Gradual Evolution of Factors Considered in Debtors’ Involuntary Conversions By Tom Riske and Evan Miller Bankruptcy is often a tale of “too many creditors chasing too few dollars,” 1 but what happens whe…