Has Congress Opted Out of the Bankruptcy Clause?
Has Congress Opted Out of the Bankruptcy Clause? By Zachary A. Phillips More than two years have passed since the U.S. Supreme Court used the Bankruptcy Clause in Siegel v. Fitzgerald to rule that the differing fee systems for chapter 11 cases were unconstitutional
The Transient Debtor and the Debtor’s Homestead Exemption
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 rate is in decline. 1 Per the
Avoidance of ‘Impairment’ Liens Can’t Be Delayed until Discharge in Chapter 13
If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.