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’…

Legislative Highlights Senators, State AGs Submit Amicus Briefs Calling for Supreme Court to Reject Georgia-Pacific’s Bankruptcy Maneuver Senate Judiciary Committee Chair Richard Durbin (D-Ill.) and fellow Senate Judiciary Committee colleag…

President’s Column The last 11 months have provided me with the best opportunity to truly appreciate what ABI offers that does not meet the eye at first blush. Following my installation as ABI President in April 2023, I undertook the “ABI A…

Recognition of Income-Based Repayment of Student Debt in Disposable Income By Michael Polkoff Student loan debt has generated significant discourse on how it should be treated during bankruptcy, 1 yet the income-based-repayment (IBR) altern…

Legislative Highlights Supreme Court Appears Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees The U.S. Supreme Court heard oral argument on Jan. 9 1 in Office of the U.S. Trustee v. John Q. Hammons Fall 2006 LLC 2 to decide w…

What’s Happening at ABI Become a Preliminary-Round Judge or Brief-Grader for the Duberstein National Bankruptcy Moot Court Competition! Fifty-three teams of law students from around the nation will compete in the 32nd Annual Duberstein Bank…

When a Nonfiling Spouse’s Support of an Adult Child Prevents Relief By Alban Beqiri Imagine a debtor going through chapter 7, hoping for a fresh start, only to get kicked out — not for hiding money or playing games, but because the debtor’s…

Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A) By Jeffrey S. Fraser The automatic stay, provided for in § 362 of the Bankruptcy Code, is widely regarded as one of the most (if not the most) essential features of bankr…

The Transition to Virtual § 341 Meetings: Lessons Learned, and Looking Ahead By Michael Bujold, Robert Gebhard, Patrick Layng, Krista Hale and Nicole Zollars Before the COVID-19 pandemic, with few exceptions, § 341 meetings of creditors 1 f…

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently rule…