Business Reorganization

Inside ABI January 2024

President’s Column Congratulations to ABI’s 2023 “40 Under 40” Class Last month’s induction of the newest class of ABI’s “40 Under 40” honorees, whose achievements have been described in the front section of this issue, marked another highlight event for me. My column

Legislative Highlights January 2024

Legislative Highlights “National Guard and Reservists Debt Relief Extension Act of 2023” Passes in House, Awaits Senate Consideration The House of Representatives passed H.R. 3315, the “National Guard and Reservists Debt Relief Extension Act of 2023,” via voice vote on

Select Comments/Questions Posed by SCOTUS Justices During Oral Argument in Harrington v. Purdue Pharma

Select Comments/Questions Posed by SCOTUS Justices During Oral Argument in Harrington v. Purdue Pharma The U.S. Supreme Court on Dec. 4 heard oral argument in Harrington v. Purdue Pharma LP. The issue before the court is whether the Bankruptcy Code authorizes a court to

Inside ABI December 2023

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 Insolvency & Restructuring Symposium

Legislative Highlights December 2023

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 Judiciary Committee on a 24-0

New EOUST Director Discusses the Path to Her Position, Tackling Current Challenges and What Lies Ahead

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 director of the National Consumer

9th Circuit Nov 21, 2023

Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.

Benchnotes January 2024

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 ruled that the absolute-priority