Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water By Andrew S. Erickson It is common for a chapter 7 panel trustee to review hundreds of pages of financial records along with the petition and schedules for any given consume…
Legislative Highlights House Democrats Reintroduce “Student Borrower Bankruptcy Relief Act of 2024” As the Department of Education’s student loan repayment “on ramp” expired on Sept. 30, House Judiciary Committee Ranking Member Jerrold Nadl…
President’s Column It is amazing how fast this year is flying by! I am well into the second half of my term as ABI President. Not that the Annual Spring Meeting next April is the end; I still have the pleasure of serving as Immediate Past P…
Has Congress Opted Out of the Bankruptcy Clause? By Zachary A. Phillips More than two years have passed since the U.S. Supreme Court used the Bankruptcy Clause in Siegel v. Fitzgerald to rule that the differing fee systems for chapter 11 ca…
Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential bi…
Legislative Highlights Federal Reserve Proposes Scaled-Back Bank Capital Requirements Federal Reserve Vice Chair for Supervision Michael Barr on Sept. 10 unveiled changes to a proposed set of U.S. banking regulations that roughly cuts in ha…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eight…
President’s Column I am now halfway through my year as ABI President. Members tend to ask me two questions more than any others about this role: (1) How is all the travel going; and (2) is it worth it? The short answers are “great” and “yes…
Legislative Highlights Legislation Aims to Deter “Texas Two-Step” Maneuver in Bankruptcy U.S. Senators Sheldon Whitehouse (D-R.I.) and Josh Hawley (R-Mo.), and Representatives Emilia Sykes (D-Ohio) and Lance Gooden (R-Texas), on July 23 int…
Navigating the Intersection of §§ 507 and 523: Understanding the Priority and Dischargeability of Governmental Debts By Trish D. Lazich and Kristin Radwanick Bankruptcy is a complex legal landscape. The Bankruptcy Code is particularly compl…