Post-Confirmation Jurisdiction in Chapter 13: Is Vesting an Issue? By Robert G. Drummond The filing of a chapter 13 petition creates a bankruptcy estate consisting of the legal and equitable interests of the debtor. 1 Property of the chapte…
Return of the Living Claim By Brittany M. Woodman What is “zombie debt” (also referred to as stale debt)? Some have defined it as debt that is not recognized as discharged following a bankruptcy — although the debt is no longer legally enfo…
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…
President’s Column I have now had the honor of starting several regional conferences with the opening remarks. Good thing I am a morning person, as 7:30 a.m. comes quickly after these Opening Receptions! If you have been to any of my remark…
Legislative Highlights Number of Borrowers Utilizing New Student Loan Discharge Process Continues to Increase The Justice Department, in close coordination with the Department of Education, announced 1 on July 17 that the vast majority of s…
President’s Column Subchapter V All members should know that ABI’s Subchapter V Task Force unveiled its final report of recommendations at the Annual Spring Meeting in April. The Final Report revealed that subchapter V of chapter 11 of the …
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Court Affirms “Enhanced” 37-Month Sentence for Attorney’s Concealment of Brother’s Money The appeal in United States v. Kowalksi concerned the propriety of a 37-month …
The Transient Debtor and the Debtor’s Homestead Exemption By Laura E. Richardson The U.S. is experiencing a more-than-decade-long trend in migration whereby its population is increasingly relocating between states, even as the overall mover…
How Long Can Chapter 13 Plans Last, and What Can Debtors Do to Ensure Timely Completion? By Hon. Charles Novack 1 The “essence of modern bankruptcy law” is “relief and [a] fresh start for the debtor.” 2 Chapter 13 of the Bankruptcy Code off…
Increasing Values Result in Creative Homestead Exemption Claims By Hon. Elizabeth L. Gunn and Shelby E. Kostolni The economy following the COVID-19 pandemic has created an environment where many homeowners find themselves in a situation whe…