Displaying Journal Articles with Tags Consumer Bankruptcy

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…

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…

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…

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…

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…

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…

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…

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…

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…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’…