Standing Trustees Should Be Paid in Unconfirmed Cases By Grant Rosinko Recent decisions in several circuits have denied compensation to standing trustees when a chapter 13 case is dismissed prior to plan confirmation. There is now a split o…
President’s Column After spending the past year shadowing our outgoing ABI President, Soneet R. Kapila of KapilaMukamal, LLP (Fort Lauderdale, Fla.), I look forward to following in his footsteps as ABI President. His work with the Subchapte…
Assessing In re Topp’s Impact on Interest Rates for Secured Creditors By Michael Miller The U.S. Court of Appeals for the Eighth Circuit decided Farm Credit Servs. of Am. FLCA v. Topp (In re Topp) on Aug. 3, 2023. 1 The central issue was th…
Questions and Answers with USTP Director Tara Twomey By Tara Twomey T ara Twomey became director of the Executive Office for U.S. Trustees on Feb. 27, 2023. In this article, she answers some questions for the ABI Journal about her career in…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Preference Claims Under § 547 Are Estate Property and May Be Sold Joining the Eighth and Ninth Circuits, 1 the U.S. Court of Appeals for the Fifth Circuit held that cl…
Credit-Rating Agency Reform in the Shadow of Dodd-Frank By Arielle Allen Editor’s Note: To commemorate their roles in the bankruptcy community and carry their legacies forward to future generations of law students, the Hon. Larry E. Kelly B…
2023 Legislative Roundup By Brittany M. Woodman Compared to 2022, 2023 saw an 18 percent increase in total bankruptcy filings. 1 While bankruptcy filings increased and U.S. Supreme Court decisions hoped to deliver clarity among circuits, pr…
President’s Column As I write my final column, I am reflecting on what an ever-advancing organization ABI is. For more than four decades, ABI has been the force of the insolvency and restructuring industry. Under the leadership of each pres…
Avoidance Exposure for Transfers of Exemptible Assets By Brett D. Lieberman and Olivia Webb Bankruptcy courts are regularly tasked with analyzing situations in which debtors attempt to transform, through transfer or otherwise, nonexempt pro…
Must Debtors Contribute Exempt Assets to Pay Creditors? By Lisa Boardman Burnette Is a chapter 13 debtor required to use exempt personal-injury settlement proceeds to pay creditors in a plan that provides less than 100 percent payment to un…