Business Reorganization

Questions and Answers with USTP Director Tara Twomey

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 bankruptcy law and the work

Inside ABI April 2024

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 president, the organization has

Legislative Highlights April 2024

Legislative Highlights U.S. Judicial Conference Aims to Promote Random Case Assignment The Judicial Conference of the United States on March 12 proposed strengthening the policy governing random case assignment, limiting the ability of litigants to effectively choose

Supreme Court Mar 19, 2024

Supreme Court Rules on Mootness, but Not Equitable Mootness

The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.

Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’
3rd Circuit Delaware Feb 27, 2024

Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.