In Setting Aside a Tax-Lien Foreclosure, a Hypothetical Gave Standing to the Debtor
If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?
How to Liquidate a Secured Lender’s Collateral and Still Get Paid
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
Like 18th Century England, There’s No Jury Trial Right for Stay Violations
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
Chapter 13 Plan Modifications Can Reduce the Commitment Period and the Payments
A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.
Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.
Inside ABI June 2025
President’s Column I’m writing this column only days after returning from ABI’s Annual Spring Meeting in late April in Washington, D.C. For me, the conference was special on so many levels. The Education Committee, led by Hon. Michelle M. Harner of the U.S. Bankruptcy
Legislative Highlights June 2025
Legislative Highlights N.Y. Fed: U.S. Household Debt Increased 1 Percent in Q1 2025; Student Loan Delinquencies Rise Sharply The Federal Reserve Bank of New York’s Center for Microeconomic Data on May 13 1 issued its Quarterly Report on Household Debt and Credit, which