Claims

Benchnotes May 2023

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Failures by Debtors’ Counsel to Disclose Fee Arrangements “Will Not Be Taken Lightly” In In re Dordevic, 1 counsel for the debtor disclosed that the debtor paid counsel $5,000 for services in

Ownership Issues in Crypto Cases

Ownership Issues in Crypto Cases By Justin Bernbrock, Jennifer Nassiri and Pouneh Almasi 1 Since the so-called “crypto winter” hit the industry in May 2022, several major crypto companies have filed for bankruptcy. 2 Given the unique nature of digital assets such as

Benchnotes April 2023

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly profitable but litigation

Losing a Motion to Reopen a Case Can Be a Victory for the Debtor (Sometimes)

An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.
4th Circuit Jan 19, 2023

Fourth and Third Circuits Give Priority to Obamacare’s Individual Mandate Penalty

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.
11th Circuit Jan 10, 2023

Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.