Business Reorganization

10th Circuit New Mexico Jan 3, 2025

Although Exempt, Social Security Benefits Must Be Reported in Subchapter V

While neither Social Security benefits nor post-petition income are estate property in Subchapter V, they must be included in an individual’s monthly operating reports, Bankruptcy Judge Jacobvitz says.

Judge Christopher Klein Writes ‘Cliffs Notes’ on Transferring Venue of Related Cases

In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.
5th Circuit Jan 28, 2025

A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart

The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.

Inside ABI February 2025

President’s Column ABI Conferences, Start Your Engines! Like the race car season, ABI takes a short hiatus from its conference schedule after the annual Winter Leadership Conference in December. It is much-earned down time for the ABI staff, who work tremendously hard

Legislative Highlights February 2025

Legislative Highlights 119th Congress Convenes: Listing of Key Committee Leadership The 119th Congress convened on Jan. 3 at noon, with both the Senate and House of Representatives under the control of Republicans following the 2024 election. Senate Republicans elected

3rd Circuit New Jersey Nov 18, 2024

Without Levy, a Recorded Judgment Lien Is Unperfected in Some States

In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.

Inside ABI January 2025

President’s Column As you can see by the cover of this month’s Journal, ABI has announced its eighth “40 Under 40” class. They were honored at the Winter Leadership Conference last month in Arizona with high production and a lot of standing ovations! Their impressive

Legislative Highlights January 2025

Legislation Reintroduced Taking Aim at Nonconsensual, Nondebtor Releases in Bankruptcy Sens. Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) on Dec. 5 reintroduced S. 5415, the “Nondebtor Release Prohibition Act,” to explicitly prohibit