The Debtor Is Entitled to Ch. 13 Post-Petition Asset Appreciation By Charissa Potts Imagine this hypothetical: An honest debtor in a confirmed chapter 13 plan becomes unable to afford her mortgage payment due to circumstances beyond her con…

Tug-of-War over Post-Confirmation Appreciation in Chapter 13 By Krispen Carroll Everybody likes a windfall, the happenstance of financial luck that seems to come out of the blue. American homeowners were justified to feel like they were the…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack District Court Finds that Free-and-Clear Sale Orders Have No Impact on a Purchaser’s Successorship Obligations Under NLRA The U.S. District Court for the District of D…

New EOUST Director Discusses the Path to Her Position, Tackling Current Challenges and What Lies Ahead T ara Twomey was appointed director of the Executive Office for U.S. Trustees (EOUST) on Feb. 27, 2023. She was previously executive dire…

Legislative Highlights The “National Guard and Reservists Debt Relief Extension Act of 2023” Passes out of House Judiciary Committee H.R. 3315, the “National Guard and Reservists Debt Relief Extension Act of 2023,” passed out of the House J…

President’s Column It has been a fast-paced time frame, and several events warrant mention: the annual meeting of the National Conference of Bankruptcy Judges (NCBJ), along with ABI’s Midwestern Bankruptcy Institute, International Insolvenc…

Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships By Megan W. Murray Guaranties can be the lifeblood of loans, often adding credit support to a lender, which makes all the d…

Balance 101: Recalibrating the Student Debt Relationship By Ryan M. Deutsch Over the years, Congress has implemented various pieces of legislation amending the legal framework applied in the dischargeability analysis for student loan debt. …

Soldiers and Recent Veterans May Soon Be Subject to the Means Test By Maurice “Mac” VerStandig Editor’s Note: ABI’s Task Force on Veterans and Servicemembers Affairs provides accessible resources for military members. Please visit veterans.…

Legislative Highlights Senate Judiciary Hearing Spotlights “Texas Two-Step” in Chapter 11 The Senate Judiciary Committee held a hearing 1 on Sept. 19 titled, “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy.” Witness…