Business Reorganization

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.

Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.

President’s Column In December 2022, I received what Past ABI President Bob Feidler calls his “Christmas Distribution,” his third. Its focus was on the remembrance of anniversaries and major events “in liberty and the law.” What especially captivated my interest was a

Legislative Highlights Warren, Porter, Dozens of Democratic Lawmakers Introduce Bill to Repeal 2018 Rollback of Dodd-Frank Protections Sen. Elizabeth Warren (D-Mass.) and U.S. Rep. Katie Porter (D-Calif.) led dozens of Democratic lawmakers on March 14 to introduce the

Academics Lay Out Proposals for Digital Asset Safeguards at Senate Hearing After examining related issues in the previous 117th Congress, the Senate Banking Committee convened a hearing on Feb. 14 titled, “Crypto Crash: Why Financial System Safeguards Are Needed for

Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.

Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.