Business Reorganization

9th Circuit Apr 29, 2024

Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages

One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.

Inside ABI June 2024

President’s Column I write this column as I reflect on my first few weeks as ABI President. I still feel overwhelmed by the honor of leading this incredible organization, but I also feel sheepish about the amount of coverage it has garnered. Between ABI’s press team

ABI’s Resident Scholar Program to Restart in the Fall

ABI’s Resident Scholar Program to Restart in the Fall By Carolyn M. Kanon and Hon. Hannah L. Blumenstiel ABI will be restarting its Robert M. Zinman Scholar-in-Residence program starting with the fall 2024 semester. Funded by ABI’s Anthony H.N. Schnelling Endowment Fund

Legislative Highlights June 2024

Legislative Highlights Senate Leaders Take Different Legislative Paths to Curb ‘Judge-Shopping’ Senate Majority Leader Chuck Schumer (D-N.Y.) and Senate Minority Leader Mitch McConnell (R-Ky.) on April 10 each introduced legislation that would alter how certain cases

3rd Circuit May 22, 2024

Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before

Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
11th Circuit May 23, 2024

Circuits Split: Does Anti-Modification Apply to Any Property with a Principal Residence?

Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.
7th Circuit Apr 29, 2024

Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?

Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.

Benchnotes July 2024

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corporate and individual debtors are

9th Circuit May 13, 2024

Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.

Inside ABI May 2024

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 Subchapter V Task Force has been